Federal Court Strikes Down Trump Administration’s Termination of Venezuelan and Haitian TPS

Source: Bloomberg Law

## Who This Affects: California Families Managing Immigration Status and Estate Planning

If you’re a California resident with Venezuelan or Haitian family members on Temporary Protected Status (TPS), or if you’re helping loved ones navigate immigration uncertainty, this ruling has significant implications for your family’s legal and financial planning. The Ninth Circuit Court of Appeals has ruled that the Department of Homeland Security illegally terminated TPS protections—but the practical reality remains complex for families trying to protect their assets and plan for the future.

## What Happened: The Legal Battle Over TPS Protections

On January 28, 2026, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit found that Homeland Security Secretary Kristi Noem unlawfully vacated humanitarian protections for hundreds of thousands of Venezuelan and Haitian immigrants.This marked the first time a federal appeals court has ruled on the substance of the administration’s efforts to dismantle the Temporary Protected Status program.

Key findings from the court:

The termination violated the Immigration and Nationality Act

Judge Kim McLane Wardlaw wrote that “The Secretary’s actions fundamentally contradict Congress’s statutory design”

The ruling affirmed a September lower court decision that found DHS violated the Administrative Procedure Act

Judges Anthony Johnstone and Salvador Mendoza Jr. joined the unanimous panel decision

## Why This Matters: Real-World Impact on California Families

The termination of TPS has affected physicians, artists, auto mechanics, students, construction workers, and many others who came to the United States to build lives and support their families.The human cost has been severe:

Job Loss: TPS beneficiaries lost their work authorization, leaving them unable to provide for their families

Housing Instability: Some families have lost their homes, rendering them homeless

Family Separation: Many individuals, including family members of U.S. citizens, have been detained or deported

## The Complicated Legal Reality: What Happens Next?

Despite the Ninth Circuit’s ruling, there’s a critical catch: TPS holders from Venezuela still face detention and deportation because of an earlier Supreme Court emergency order.The Supreme Court allowed the administration to strip TPS protections while litigation continues, meaning immigrants won’t get relief from the courts before the case goes before the justices.

As Ahilan Arulanantham, counsel for plaintiffs and faculty co-director at the UCLA School of Law’s Center for Immigration Law & Policy, noted: “Because of the Supreme Court’s earlier action, today’s decision does not immediately change anything on the ground.”

## How Can California Families Protect Themselves During Immigration Uncertainty?

For California residents managing family members’ immigration status or dealing with the anxiety of uncertain legal protections, proactive estate planning and legal documentation become essential safeguards. Here’s what you should consider:

1. Emergency Planning Documents

Establish powers of attorney for financial and healthcare decisions

Create advance healthcare directives to ensure medical wishes are honored

Set up HIPAA authorizations so family members can access medical information

2. Asset Protection Strategies

Review property ownership structures to protect family assets

Consider trust arrangements that provide continuity if immigration status changes

Document financial accounts and ensure proper beneficiary designations

3. Family Protection Planning

Create guardianship provisions for minor children

Establish clear succession plans for business ownership

Ensure wills and trusts reflect current family dynamics and legal realities

## Why Legal Representation Matters in Complex Immigration Cases

The case is being represented by the ACLU Foundation of Southern California, ACLU Foundation of Northern California, National Day Laborer Organizing Network, and Haitian Bridge Alliance, demonstrating the importance of experienced legal advocacy in navigating these complex federal immigration matters.

The official case citation is National TPS Alliance v. Noem, 9th Cir., No. 25-5724, opinion issued January 28, 2026.

## Get Expert Guidance: Protect Your Family’s Future Today

If you’re a California resident dealing with immigration uncertainty or worried about protecting your family’s assets during legal challenges, you don’t have to navigate this alone. California Probate and Trust, PC offers comprehensive estate planning services designed specifically for California families facing complex legal situations.

Our Sacramento-based team provides:

FREE one-hour estate planning consultations

Clear, transparent estate planning packages

Personalized healthcare and financial management plans

Compassionate guidance through difficult family decisions

Protection strategies that work regardless of changing legal circumstances

We’ve helped thousands of California families create plans that protect what matters most—your loved ones, your assets, and your peace of mind.

Schedule your free consultation today: Call (866) 674-1130 or visit cpt.law

## Legal Disclaimer

This article is provided for informational purposes only and does not constitute legal advice. The information contained herein should not be relied upon as a substitute for consultation with qualified legal professionals. Immigration law and estate planning are complex areas that require individualized analysis based on your specific circumstances. California Probate and Trust, PC does not practice immigration law. For immigration-specific legal matters, please consult with a qualified immigration attorney. The outcome of any legal matter depends on the specific facts and circumstances of each case, and past results do not guarantee future outcomes. This article does not create an attorney-client relationship between the reader and California Probate and Trust, PC.