Ninth Circuit Allows TPS Protections for Venezuelans to Resume
Federal appeals court clears path for Venezuelans’ deportation protections to resume as legal battle continues.
2 min read
A federal appeals court has cleared the way for Venezuelans granted Temporary Protected Status (TPS) to resume their deportation protections, allowing hundreds of thousands to remain in the U.S. under legal working conditions. On Friday, the U.S. Court of Appeals for the Ninth Circuit denied the government’s request for a stay in the National TPS Alliance v. Mullin case, meaning the protections will remain in place unless the Supreme Court intervenes.
Legal Battle Over TPS Designation
The case centers on former Homeland Security Secretary Kristi Noem’s decision to revoke an extension of Venezuela’s TPS designation and terminate it altogether. A district court ruled in September 2025 that Noem had exceeded her statutory authority, a decision the Supreme Court temporarily blocked in October 2025. The court later vacated an earlier Ninth Circuit judgment in October 2026, returning the case for reconsideration following its decision in Mullin v. Doe.
The administration argued that the Supreme Court’s June ruling in Mullin v. Doe prevented federal courts from reviewing the legal challenge. However, the plaintiffs’ attorneys maintained that judges could still assess whether the secretary had overstepped her authority as granted by Congress. The Ninth Circuit rejected the government’s request for an administrative stay, setting an expedited schedule for the case’s merits.
TPS Protections and Their Impact
TPS allows eligible recipients to work legally in the U.S. and protects them from deportation while their status is active. It does not offer permanent residency, but it provides critical stability for those who have made the U.S. their home. The decision to resume protections means that Venezuelans who rely on TPS will continue to have legal work and deportation protections in place as the legal battle unfolds.
Unless the Supreme Court steps in, the protections will remain active, and the case will continue to be reviewed on its merits. The outcome of this dispute could have significant implications for the rights of immigrants and the interpretation of federal authority in immigration policy.
Source: Breitbart
