Venezuelan TPS: Ninth Circuit blocks pause

Federal appeals judges in San Francisco rejected a request from the Trump administration on Friday to pause a lower court order regarding Venezuelan temporary protected status.

The Ninth Circuit decision clears the path for protections to be restored as early as November 6, provided the Supreme Court does not intervene in the meantime. The litigation centers on a district court order that challenged the administration's cancellation of the status for Venezuelans.

José Guerrero, an immigration attorney, noted that the case has not yet been decided on the merits. He explained that the current dispute focuses specifically on the suspension of the district court order, a matter that previously reached the Supreme Court. The National TPS Alliance stated that the ruling opens the door for protections to return once the suspension expires.

Guerrero warned that legal questions remain regarding the duration of the restored status. He pointed out that federal law requires the government to announce an end to TPS 60 days in advance. Without that announcement, the status reactivates automatically, though it is unclear whether the timeline begins from October 2 or November 6.

The attorney clarified that the status is not yet active. He said stakeholders must wait until November 6 to determine if the government appeals the decision or if the Ninth Circuit issues further guidance on how the status will be reinstated.

The ruling affects thousands of Venezuelans in the United States who lost their work authorization and protection from deportation when the administration canceled the program. The next step depends on whether the executive branch seeks further emergency relief from the Supreme Court before the November deadline.