Federal Court Panel Rules on Temporary Protected Status for Venezuelans

WASHINGTON – A three-judge panel from the federal court of appeals reached a unanimous decision on Friday.

The US Court of Appeals for the 9th Circuit, alongside the US District Court for the Northern District of California, addressed a recent motion tied to Homeland Security Secretary Christa Noem. This ruling blocks the Department of Homeland Security from abandoning two extensions of Temporary Protected Status (TPS) for Venezuelans until October 2026. This motion follows a decision made earlier this year by the Biden administration.

One group of Venezuelans had their TPS expire in April, while another group faced expiration in September. The judges indicated that the Trump administration’s move to terminate TPS in April appeared likely illegal.

The ruling highlighted that Noem lacked the authority to revoke the TPS extension that had been granted by then-DHS Executive Director Alejandro Mayorkas.

The decision came from judges Kim McClain Wardlow, appointed by former President Bill Clinton, Salvador Mendoza Jr. and Anthony Johnston, both appointed by President Joe Biden.

The judges emphasized that the law governing TPS is intended to protect citizens from returning to dangerous circumstances, thus creating stability. They noted that the sudden policy reversal contradicted the law’s objectives.

“The abrupt change in direction violates both the clear intent and wording of the statute,” they stated. “In this situation, hundreds of thousands have been left without their status, facing uncertainty. The security that TPS offered has been replaced by the potential for family separation and deportation.”

They added, “Congress did not foresee this, and the ongoing damage to the plaintiffs warrants a remedy while we await a final judgment on the matter.”

A spokesman from DHS did not respond to requests for comment on Friday.

In May, the US Supreme Court had upheld the Trump administration’s decision to end TPS for around 350,000 Venezuelans, whose protections had expired in April. The impact of Friday’s ruling on those individuals remains unclear.

Additionally, another 250,000 Venezuelans face TPS expiration on September 10 following the DHS’s cancellation of the extension.