In a critical ruling that preserves stability for many Venezuelan nationals in the U.S., the Ninth Circuit Court of Appeals affirmed a district court’s order (which we wrote about here) that prevents the abrupt termination of Temporary Protected Status (TPS), a designation offering protection from deportation and employment authorization, for Venezuelan beneficiaries. Because the U.S. Supreme Court stayed the district court’s order pending the government seeking further Supreme Court review, however, the 2023 TPS designation remains officially terminated for now. In a new development, the Department of Homeland Security (DHS) announced today, September 3rd, the termination of the original 2021 TPS designation for Venezuela, a move that adds further uncertainty for impacted individuals and employers.
What the Ninth Circuit Decided
A unanimous three-judge panel upheld a district court’s ruling favoring TPS holders, confirming that the DHS likely overstepped its legal authority by attempting to vacate TPS through informal administrative action via a notice issued in February 2025. This action, the court found, runs counter to the predictable and stable framework Congress designed under the TPS statute.
Under normal circumstances, this ruling would effectively blocks DHS’s initial attempt to remove legal protections, underscoring that TPS decisions, particularly those affecting hundreds of thousands, are subject to judicial review. Here, however, even though the Ninth Circuit agreed with the district court, the district court’s order remains stayed due to an order issued by the Supreme Court back on May 31, 2025, which we wrote about here. The government has ninety days to file a petition seeking Supreme Court review, which the government is expected to do, and the Supreme Court stay will remain in place at least until that petition is decided. If the Supreme Court grants the petition and reviews the case, then the stay will continue in effect until the Supreme Court issues its final judgment in the appeal. Accordingly, individuals who sought TPS under the 2023 designation after DHS’s February 2025 termination notices remain in limbo despite the Ninth Circuit’s ruling.
TPS Status: 2021 vs. 2023 Designations
- The 2021 Venezuela TPS designation, which originally extended TPS protections to eligible Venezuelans, remains valid through at least September 10, 2025 as we await a Federal register notice terminating this designation.
- Specifically on September 3, 2025, DHS announced its decision to terminate the 2021 TPS designation for Venezuela. The current designation expires on September 10, 2025 and will be effective 60 days after the publication of the Federal Register notice.
- Once the Federal Register is published we are expecting an update by USCIS.
- The DHS announcement, stated “the secretary has determined that the termination of the 2021 Venezuela Temporary Protected Status designation is required because it is contrary to the national interest.”
- In contrast, as a result of the Supreme Court stay, the larger 2023 designation is technically terminated pursuant to DHS’s termination notice as of early April 2025. Thus, many of individuals who sought TPS under the 2023 designation may still lack TPS protection, pending the outcome of further proceedings before the U.S. Supreme Court.
- Per USCIS guidance, however, TPS beneficiaries who received TPS-related documentation on or before February 5, 2025, with a validity date of October 2, 2026, will maintain that status and their documentation will remain valid pending resolution of the litigation.
What Happens Next?
- Possible Appeal to the U.S. Supreme Court: The government may seek review by the Supreme Court to try to reverse or stay the Ninth Circuit’s decision. If the government timely seeks Supreme Court, the May 2025 Supreme Court stay will remain in place at least until the Supreme Court decides whether to hear the case.
- Continuation of Litigation: Meanwhile, the litigation in the district court is stayed pursuant to a district court order issued on August 25, 2025. The district court decided to stay proceedings based upon the pending appeal and in anticipation of future Supreme Court review.
Spell it Out for Me
Practically speaking, the Ninth Circuit’s decision has no real-world effect and changes nothing for TPS holders due to the Supreme Court’s stay. The stay squarely blocks implementation of the Ninth Circuit’s ruling. Unless and until the Supreme Court lifts the stay or declines to review the case, the decision remains entirely without effect.
Final Thoughts
This Ninth Circuit decision is a significant judicial check on executive authority. The decision underscores the importance of following established legal procedures in the administration of immigration programs like TPS, ensuring consistency and adherence to statutory requirements. That said, it remains to be seen whether the Supreme Court will review the case, and, if so, whether it will agree with the Ninth Circuit.
We await further guidance from the administration and will see how the US Citizenship and Immigration Services update the TPS Venezuela webpage regarding the upcoming September expirations. We will keep our readers informed of any new developments.
