Ninth Circuit Orders End to TPS Suspension for Venezuelans
A federal appeals court ruled that the government cannot keep the temporary protection status on hold, setting a November 6 deadline for reinstatement.
By Ryan Davidson ·
The legal battle over temporary protection for Venezuelan migrants reached a decisive stage on Thursday. The Ninth Circuit Court of Appeals rejected the federal government's bid to keep a lower court's order suspended. Unless the Supreme Court steps in again, the status will return to effect on Friday, November 6.
The ruling confirms a decision first issued on September 5, 2025, in the case National TPS Alliance v. Mullin. That district court found that former Secretary Kristi Noem acted beyond her legal authority. She had previously canceled the extension of Temporary Protected Status (TPS) for Venezuela and ordered the program's termination. A stay from the Supreme Court had paused that order since October 3, 2025, but that stay expires on November 6.
The decision ends an eighteen month period of uncertainty for the community. Evidence presented to the Ninth Circuit detailed the consequences of the suspension. These included detentions, deportations, and the separation of families with children who are U.S. citizens. Some beneficiaries were sent to third countries where they had no prior ties.
Carlos Sánchez Villa, a program beneficiary, described his deportation to Liberia. He stated, "No tenía ninguna conexión previa con Liberia ni con ningún otro lugar de África. Parecía sacado de una película de terror, pero, por desgracia, para mí fue real." Rita di Peri Castellano shared a similar account. She reported that immigration officials deported her to Mexico, where they placed her on a bus and left her on the street in a city near the Guatemalan border.
José Palma, coordinator of the National TPS Alliance, welcomed the resolution. He said, "La victoria de hoy renueva nuestras fuerzas para luchar por los derechos conquistados por generaciones anteriores de inmigrantes: poder vivir y trabajar sin miedo en el lugar que llamamos hogar."
The government's legal team argued that a June 2026 Supreme Court ruling in Mullin v. Dahlia Doe removed federal jurisdiction to review such challenges. The plaintiffs' lawyers successfully countered that courts retain the power to check whether executive officials exceed their statutory limits. The plaintiffs are supported by the National Day Laborer Organizing Network, the California ACLU affiliates, the UCLA Miñana Center, and the Haitian Bridge Alliance.
Jessica Bansal, an attorney with the National Day Laborer Organizing Network, noted that the cancellation stripped more than half a million refugees of their legal status. She emphasized that the court rejected the administration's request to ignore that illegality. Emi MacLean of the Northern California ACLU and Ahilan Arulanantham, co-director of the Miñana Center, called on the Supreme Court to uphold the rule of law and maintain the district court's decision.
The legal team for the government did not announce an immediate appeal to the Supreme Court before the November 6 deadline. The district court's order remains the governing standard until the stay lapses. The plaintiffs' coalition will monitor the implementation of the reinstated status as the litigation continues.
