9th Circuit Finds DHS Overstepped in Terminating TPS

On January 28, 2026, the U.S. Court of Appeals for the Ninth Circuit affirmed the lower court’s decision in National TPS Alliance v. Noem, that Department of Homeland Security (DHS) Secretary Kristi Noem overstepped her authority by vacating the previously granted Temporary Protected Status (TPS) designations for Venezuela and terminating early TPS for Haiti, which is schedule to end on February 3, 2026.  

The three-judge panel held that Noem’s actions were unlawful as her determination that each country no longer continues to meet the conditions for TPS designation was not reached in accordance with procedures established by Congress under the relevant TPS statue (8 U.S.C. § 1254a). It is crucial to highlight that this ruling is one of several circuit court decisions that have addressed the legal issues central to the ongoing TPS litigation.

Implications of the Ninth Circuit Decision

Although this ruling pertains to the legality of the termination of TPS for Haiti and Venezuela, it is unlikely to have any immediate effect on TPS beneficiaries and thus should not be relied upon as a basis for employers to restore TPS protections for such individuals. This is primarily due to the Supreme Court’s October 2025 Order in Noem v. National TPS Alliance, which stayed the district court’s previous orders that provided emergency relief to TPS beneficiaries. The DHS secretary’s revocation order remains in effect as the legal process unfolds. It is anticipated that the DHS will immediately appeal the Ninth Circuit's decision for Supreme Court review.

Littler will monitor any subsequent legal actions taken regarding TPS and will provide updates as they become available.