9th Circuit blocks plan to end TPS for Venezuelans, keeps protections in place as case moves forward
A three-judge panel of the 9th U.S. Circuit Court of Appeals on Friday blocked the Trump administration’s efforts to end Temporary Protected Status for about 600,000 Venezuelans who have had permission to live and work in the United States, keeping the protections in effect while the legal fight continues.
The court said the plaintiffs are likely to succeed on their claim that the Department of Homeland Security lacked authority to vacate or set aside a prior TPS extension because the statute Congress wrote does not allow such action. The ruling notes that when Congress created TPS, it intended a system that is predictable, dependable, and insulated from electoral politics.
This decision follows a ruling by U.S. District Judge Edward Chen of San Francisco in March, who found that the administration probably exceeded its authority in terminating the protections and that the actions appeared motivated by racial animus. Chen ordered a freeze on terminations, but the Supreme Court reversed him in an emergency appeal without providing an explanation.
It remains unclear how Friday’s ruling will affect Venezuelans whose protections expired earlier. About 350,000 Venezuelans saw their protections lapse in April, while another group of approximately 250,000 Venezuelans faces the expiration of their protections on Sept. 10.
TPS was authorized as part of the Immigration Act of 1990. It allows the secretary of Homeland Security to grant temporary legal status to people fleeing civil strife, environmental disasters, or other extraordinary and temporary conditions that prevent safe return to their home country.
In announcing the termination of protections, DHS Secretary Kristi Noem argued that conditions in both Haiti and Venezuela had improved and that extending protections for migrants from those countries was not in the national interest for a temporary program.
Venezuela has faced a long-running crisis driven by political instability, hyperinflation, widespread unemployment, and hunger. Millions have left the country, and the situation has been described as severe economic and humanitarian distress amid governance and policy failures.
What this means going forward:
– The TPS protections for Venezuelans remain in place while the case proceeds, creating ongoing implications for immigration status, work eligibility, and potential paths to longer-term residency for those affected.
– The ruling signals that the courts may scrutinize DHS authority to end TPS extensions, potentially affecting other TPS designations and extensions in the future.
– The outcome of the broader litigation could hinge on legislative changes or further court rulings regarding the scope of TPS authority and the role of Congress in extending or terminating protections.
Commentary: The decision reinforces the idea that temporary protections are bound by the statutory framework set by Congress and that sudden removals can face judicial review. For many Venezuelans relying on TPS, the ruling provides a measure of regulatory continuity as legal proceedings continue, even as migration and humanitarian conditions in Venezuela remain complex and evolving. The case highlights ongoing tensions between immigration policy aims and the legal constraints that govern how protections are granted, extended, or terminated.