Ninth Circuit ruling could restore TPS for Venezuelans on Nov. 6
Immigration attorneys warn that while the legal path is clear, the government may still appeal the decision before protections return.
By Sofia Morales ·
The Ninth Circuit Court of Appeals denied the Trump administration's request to pause a lower court order on Friday. This decision allows Temporary Protected Status for Venezuelans to potentially resume on November 6.
The ruling removes a legal barrier that had kept protections suspended. If the U.S. Supreme Court does not intervene, the status will likely be restored automatically once the current suspension period ends.
José Guerrero, an immigration attorney, explained that the case has not yet been decided on its final merits. The dispute has centered on whether a district court order should remain in effect while higher courts review the government's actions.
Guerrero noted that the government has two main options to prevent the status from returning. It can file an appeal or ask the Supreme Court to keep the pause in place through an emergency request. If it does neither, the legal protection reactivates by default.
Legal experts point out that the exact start date for the restored status remains unclear. Guerrero said the law requires the government to announce any termination 60 days in advance. He questioned whether the timeline for this requirement began on October 2 or November 6.
As of now, TPS has not been officially restored. The next critical date is November 6, when the government will either appeal the ruling or allow the status to proceed. The National TPS Alliance confirmed that the appellate decision opens the door for these protections to return.
Source: KVDA
