Federal court lifts stay on Venezuelan TPS protections

The Ninth Circuit Court of Appeals denied the federal government's request to keep a judicial order suspended. This decision clears the way to restore Temporary Protected Status for Venezuelan beneficiaries. The legal protection for thousands of people is set to return on Friday, November 6.

The ruling upholds a district court decision from September 5, 2025, in the case National TPS Alliance v. Mullin. That earlier ruling found that former Secretary Kristi Noem exceeded her legal authority. She had canceled the TPS extension granted to Venezuela and ordered the program's termination. A Supreme Court stay had paused the district court order on October 3, 2025. That temporary measure expires on November 6.

The decision comes after 18 months of uncertainty for the migrant community. Evidence presented to the Ninth Circuit showed that the suspension led to detentions and deportations. It also resulted in family separations, including cases involving 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, testified that he was deported to Liberia after losing his status. He stated, "I had no prior connection with Liberia or any other place in Africa. It seemed like it came out of a horror movie, but unfortunately, for me, it was real." Rita di Peri Castellano described a similar deportation to Mexico. She said, "Immigration officers deported me to Mexico, where they put me on a bus .. and left me on the street in a city near the border with Guatemala."

José Palma, coordinator of the National TPS Alliance, welcomed the resolution. He noted, "Today's victory renews our strength to fight for the rights won by previous generations of immigrants: to live and work without fear in the place we call home." The plaintiffs are supported by the National Day Laborer Organizing Network, ACLU affiliates in Northern and Southern California, the UCLA Miñana Center, and the Haitian Bridge Alliance.

Jessica Bansal, an attorney with the National Day Laborer Organizing Network, stated that the cancellation deprived more than half a million refugees of their legal status. She highlighted that the court rejected the administration's petition to ignore this illegality. Emi MacLean, an attorney for the ACLU of Northern California, and Ahilan Arulanantham, co-director of the Miñana Center, emphasized the system of constitutional checks and balances. They called on the Supreme Court to defend the rule of law and maintain the district court's decision.

The government's legal team argued that a June 2026 Supreme Court ruling in Mullin v. Dahlia Doe removed federal court jurisdiction to review such challenges. The plaintiffs' defense successfully argued that the judiciary retains the power to oversee executive actions. The court found that officials must not exceed the powers granted by law. The litigation will continue while the status is restored.