On August 29, 2025, the U.S. Court of Appeals for the Ninth Circuit upheld the lower court's ruling postponing U.S. Department of Homeland Security Secretary Kristi Noem's Notices of Vacatur and Termination of Temporary Protection Status (TPS) for Venezuelans pending final adjudication of the case. The appellate court in National TPS Alliance v. Noem determined that the plaintiffs were likely to succeed on the merits of their claims, that TPS beneficiaries would suffer irreparable harm from termination of the program, and that the equities favored the postponement.
Background
The opinion gives a brief history of TPS grants and extensions for Venezuelans. In October 2023, the former secretary of Homeland Security Alejandro Mayorkas extended TPS to September 10, 2025, and redesignated Venezuela for TPS, allowing eligible Venezuelans to apply for TPS'which allows them to live and work in the United States temporarily'for the first time. This created a two-track system, one for those registered in 2021 and another in 2023. Then, on January 17, 2025, Mayorkas allowed existing beneficiaries of either track to seek an 18-month extension through October 2, 2026. On February 3rd and 5th, 2025, Noem issued Notices vacating the extension and...
