Court blocks Trump plan to end Venezuelan TPS

The judges upheld a lower court ruling that maintained temporary protected status for Venezuelans while the case proceeded through court.

WASHINGTON — On Friday, a federal appeals court halted President Donald Trump’s efforts to terminate protections for 600,000 Venezuelans residing and working in the United States. The court indicated that the plaintiffs are likely to prevail in their argument that the Republican administration’s actions were illegal.

A panel consisting of three judges from the 9th U.S. Circuit Court of Appeals upheld a prior ruling that kept temporary protected status (TPS) in place for Venezuelans while they contest the actions taken by the Trump administration in court.

The 9th Circuit judges determined that the plaintiffs stand a good chance of succeeding in their claim that Homeland Security Secretary Kristi Noem lacked the authority to nullify or overturn a previous extension of TPS. They noted that the statute established by Congress does not allow for such actions. The Democratic administration of President Joe Biden had already extended TPS for Venezuelans.

“When establishing the TPS statute, Congress crafted a structure for temporary status that was reliable, predictable, and insulated from partisan politics,” wrote Judge Kim Wardlaw, nominated by President Bill Clinton, a Democrat, on behalf of the panel. The other judges on the panel were also appointed by Democratic presidents.

In an email, a spokesperson for the Department of Homeland Security blasted the decision as more obstruction from “unelected activist” judges.

“The TPS program has been manipulated, misused, and politicized as a quasi-amnesty initiative for decades,” an email stated. “Although this injunction delays rightful action and hinders the integrity of our immigration system, Secretary Noem will pursue all legal avenues available to bring about order and ensure the safety of Americans.”

Congress included temporary protected status, or TPS, in the Immigration Act of 1990. It enables the DHS secretary to provide legal immigration status to individuals escaping countries facing civil unrest, environmental disasters, or other “extraordinary and temporary conditions” that impede their safe return. The terms last for six, 12, or 18 months.

The appellate judges said the guaranteed time limitations were critical so people could gain employment, find long-term housing and build stability without fear of shifting political winds.

But in ending the protections soon after Trump took office, Noem said conditions in Venezuela had improved and it was not in the U.S. national interest to allow migrants from there to stay on for what is a temporary program. It’s part of a broader move by Trump’s administration to reduce the number of immigrants who are in the country either without legal documentation or through legal temporary programs.

U.S. District Judge Edward Chen of San Francisco found in March that plaintiffs were likely to prevail on their claim that the administration had overstepped its authority in terminating the protections. Chen postponed the terminations, but the Supreme Court reversed him without explanation, which is common in emergency appeals.

It is unclear what effect Friday’s ruling will have on the estimated 350,000 Venezuelans in the group of 600,000 whose protections expired in April. Their lawyers say some have already been fired from jobs, detained in immigration jails, separated from their U.S. citizen children and even deported.

Protections for the remaining 250,000 Venezuelans are set to expire Sept. 10.

“What is really significant now is that the second court unanimously recognized that the trial court got it right,” said Emi MacLean, a senior staff attorney with the ACLU Foundation of Northern California representing plaintiffs.

She added that while the decision might not benefit immediately those people who have already lost their status or are about to lose their status, Friday’s ruling “should provide a path for the administration’s illegal actions related to Venezuela and TPS to finally be undone.”

A court declaration provided by plaintiffs showed the turmoil caused by the Trump administration and Supreme Court decision.

A Washington woman who worked in restaurants was deported in June along with her daughters, 10 years and 15 months old, after ICE officers told her to bring her children to an immigration check-in. The father of the baby, who is a U.S. citizen, remains in the U.S. while the woman tries to figure out what to do.

Also in June, a FedEx employee appeared in uniform at his required immigration check-in only to be detained, the court declaration states. He slept for about two weeks on a floor, terrified he would be sent to El Salvador’s notorious CECOT prison. His wife cannot maintain the household on her earnings.

“I am not a criminal,” he said in the declaration, adding that “immigrants like myself come to the United States to work hard and contribute, and instead our families and lives are being torn apart.”

Millions of Venezuelans have fled political unrest, mass unemployment and hunger. Their country is mired in a prolonged crisis brought on by years of hyperinflation, political corruption, economic mismanagement and an ineffectual government.

Attorneys for the U.S. government argued the Homeland Security secretary’s clear and broad authority to make determinations related to the TPS program were not subject to judicial review. They also denied that Noem’s actions were motivated by racial animus.

But the appellate judges said courts clearly had jurisdiction in cases where the actions were unlawful. They declined to address whether Noem was motivated by racial animus.

Copyright 2025 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.     

You May Also Like
Chicago shooting: Bicyclist shot, killed in Grant Park, police say

Grant Park Shooting: Bicyclist Fatally Shot in Chicago, Police Investigate

CHICAGO (WLS) — A 27-year-old man was fatally shot early Tuesday while…
California Gov. Gavin Newsom says Justice Department is investigating him and his wife

Newsom Says Justice Department Is Investigating Him and California First Partner Jennifer Siebel Newsom

Washington — California Gov. Gavin Newsom said Monday that he and his…
Why the millionaire co-founder of e.l.f. Cosmetics left his beauty empire to become a Catholic priest

Why e.l.f. Cosmetics’ Millionaire Co-Founder Walked Away From Business to Become a Catholic Priest

Scott Vincent Borba helped build e.l.f. Cosmetics into a major beauty brand,…
8 people killed in B-52 bomber crash during 'routine test mission,' Edwards Air Force Base in Kern County, California confirms

8 Killed in B-52 Bomber Crash During Routine Test Mission, Edwards Air Force Base Confirms

EDWARDS AFB, Calif. (KABC) — Eight people were killed after an Air…
"Star Wars" lightsaber, "Wizard of Oz" witch hat and more iconic film props going up for auction

Iconic Movie Props Head to Auction: Star Wars Lightsaber, Wizard of Oz Witch Hat and More

A lightsaber tied to one of the most unforgettable moments in George…
American doctor who recovered from Ebola arrives back in U.S., says he's "feeling well"

Doctor Recovering From Ebola Returns to U.S., Says He Is “Feeling Well”

An American physician who became infected with Ebola during a humanitarian assignment…
Vance: Iran Will Destroy Nuclear Dust, Will Get 'Benefits' if They End Enrichment, Allow Strong Inspections

Vance Says Iran Can Keep Peaceful Nuclear Program—But Must End Enrichment and Accept Tough Inspections

Vice President JD Vance said Monday that any agreement with Iran would…
Russia linked to arson attacks on properties connected to UK PM Keir Starmer, police say

Police Probe Russia Link in Arson Attacks on Properties Tied to UK PM Keir Starmer

British authorities on Monday disclosed fresh details about a string of arson…
Karmelo Anthony supporter reportedly fired as other backers face backlash over verdict remarks

Karmelo Anthony Backlash Grows as Supporter Is Reportedly Fired Over Verdict Comments

Texas judge defends barring cameras from Karmelo Anthony murder trial Judge John…
Teen accused of killing stepsister on Carnival cruise ship ordered detained before murder trial

Teen Held Before Trial in Carnival Cruise Ship Stepsister Murder Case

A teenage boy accused of killing 18-year-old Anna Kepner on a Carnival…
Record-breaking daredevil who performed at Super Bowl with Madonna dies in BASE jumping tragedy

Record-Breaking Stunt Performer Who Appeared at Super Bowl With Madonna Dies in BASE Jumping Accident

A record-setting extreme athlete who once appeared with Madonna during the Super…
'Resilient' art piece by Damon Lamar Reed installed in spot where burning cross was found in Grant Park, Chicago

Chicago Unveils Damon Lamar Reed’s “Resilient” in Grant Park at Site of Burned Cross

CHICAGO (WLS) — A public artwork titled “Resilient” returned to Grant Park…