Court ruling clears path to restore TPS for Venezuelans by November 6

The Ninth Circuit Court of Appeals ruled on Thursday that the federal government must let a lower court order take effect, which will restore Temporary Protected Status for Venezuelan migrants.

Unless the Supreme Court intervenes again, the legal protection for these individuals becomes active on Friday, November 6. This date marks the expiration of a temporary stay that the Supreme Court granted in October 2025.

The case, National TPS Alliance v. Mullin, began in September 2025 when a district court judge ruled that former Secretary Kristi Noem acted beyond her authority. The judge found that Noem illegally cancelled the program extension for Venezuela. The Supreme Court paused that decision in October to allow the government to appeal, creating a period of uncertainty that lasted eighteen months.

During that time, the lack of clear status led to concrete consequences for many families. Evidence presented to the Ninth Circuit included accounts of detentions and deportations to countries with which the migrants had no prior ties. Carlos Sánchez Villa, a former beneficiary, stated that he was deported to Liberia. He described the situation as feeling like a horror movie but noted that for him, it was real. Rita di Peri Castellano shared a similar experience, explaining that immigration officials placed her on a bus in Mexico and left her on a street near the Guatemalan border.

The government argued that the Supreme Court's June 2026 decision in Mullin v. Dahlia Doe removed federal jurisdiction to review these challenges. The plaintiffs successfully countered that courts still have the power to check whether executive officials exceed their legal authority. Legal teams from the National Day Laborer Organizing Network, the ACLU, the UCLA Miñana Center, and the Haitian Bridge Alliance represented the plaintiffs.

Jessica Bansal, an attorney with the National Day Laborer Organizing Network, noted that the program cancellation stripped more than half a million refugees of their legal status. She emphasized that the court rejected the administration's attempt to ignore the illegality of that action. José Palma, coordinator of the National TPS Alliance, said the victory renews the group's strength to fight for the right to live and work without fear.

Attorneys Emi MacLean of the Northern California ACLU and Ahilan Arulanantham of the Miñana Center called on the Supreme Court to defend the rule of law. They urged the court to maintain the district court's decision as the legal process continues.