A federal appeals court has blocked the Trump administration’s effort to end temporary protected status (TPS) for about 600,000 Venezuelans living in the United States. The decision, issued Friday by a three-judge panel of the 9th U.S. Circuit Court of Appeals, upholds an earlier ruling that keeps protections in place while legal challenges continue.
The court found that plaintiffs are likely to succeed on their claim that Homeland Security Secretary Kristi Noem did not have the authority to reverse a previous extension of TPS for Venezuelans. The judges cited congressional intent behind the TPS statute, emphasizing its design as a predictable and stable system.
“In enacting the TPS statute, Congress designed a system of temporary status that was predictable, dependable, and insulated from electoral politics,” wrote Judge Kim Wardlaw for the panel. The other two judges were also nominated by Democratic presidents.
A spokesperson for the Department of Homeland Security criticized the ruling in an email statement: “For decades the TPS program has been abused, exploited, and politicized as a de facto amnesty program. While this injunction delays justice and undermines the integrity of our immigration system, Secretary Noem will use every legal option at the Department’s disposal to end this chaos and prioritize the safety of Americans.”
TPS was created under the Immigration Act of 1990 to allow people from countries facing armed conflict or disasters to stay temporarily in the U.S., with terms lasting six, twelve, or eighteen months. The appellate court noted these time limits are essential so recipients can work and find housing without fear of sudden policy changes.
After taking office, President Trump’s administration argued conditions in Venezuela had improved enough to justify ending TPS protections for its nationals. This move was part of broader efforts to reduce both undocumented immigration and temporary legal stays.
Earlier this year, U.S. District Judge Edward Chen ruled that plaintiffs were likely to win their case against ending TPS but his order postponing terminations was reversed by the Supreme Court without explanation.
It remains unclear how Friday’s decision will affect approximately 350,000 Venezuelans whose protections expired in April; some have lost jobs or been deported since then. Protections for another 250,000 are set to expire September 10.
Emi MacLean from ACLU Foundation of Northern California said: “What is really significant now is that the second court unanimously recognized that the trial court got it right.” She added that while immediate relief may not reach everyone affected yet, “Friday’s ruling should provide a path for the administration’s illegal actions related to Venezuela and TPS to finally be undone.”
Court documents describe personal hardships faced by those affected by policy changes. One woman was deported with her children after an immigration check-in; her husband remains in America. Another man working at FedEx was detained during his check-in and feared deportation while his wife struggled financially alone.
Millions have left Venezuela due to political turmoil and economic crisis caused by hyperinflation and government mismanagement.
Government attorneys maintain that decisions about TPS fall within broad executive authority and deny any racial motivation behind efforts to end protections.
