Overview
- A three-judge panel affirmed that Secretary Kristi Noem exceeded her authority by terminating existing TPS designations.
- The court said the TPS statute does not permit revoking a country’s active designation and includes safeguards to ensure predictability for beneficiaries.
- Judges described "real and significant" harms after the termination, citing fear of deportation, detentions, family separations, and documented removals.
- Judge Salvador Mendoza Jr. separately pointed to evidence of racial and national-origin animus and called the policy rationale pretextual.
- The ruling also covers Haiti, and a separate D.C. case seeks a pause on that termination ahead of a Feb. 3 cutoff.