Appeals Court Says DHS Order to End Protections for Venezuelans in US Was Illegal

The judges for the Ninth Circuit, in a 3–0 order, ruled that the program has ‘procedural safeguards’ in place.

U.S. Secretary of Homeland Security Kristi Noem speaks during a news conference in the National Response Coordination Center at the Federal Emergency Management Agency headquarters in Washington on Jan. 24, 2026. Al Drago/Getty Images

A U.S. appeals court on Jan. 28 ruled that the Department of Homeland Security’s move to end deportation protection for tens of thousands of Venezuelan nationals was illegal.

A three-judge panel of the San Francisco-based Ninth U.S. Circuit Court of Appeals upheld a lower court ruling that Homeland Security Secretary Kristi Noem overstepped her authority when she ended the temporary protected status (TPS) for Venezuelan nationals who were living in the United States.