U.S. Federal Appeals Court Says Ending TPS for Venezuelans Was Unlawful — What This Means for You

In a major legal development with significant consequences for Venezuelan immigrants and their families in the United States, a federal appeals court has ruled that the Trump administration acted illegally when it ended key legal protections that allowed hundreds of thousands of Venezuelans to live and work in the U.S. 

What Happened?

The case centers on Temporary Protected Status (TPS) — a humanitarian immigration program created by Congress that allows people from countries experiencing conflict, natural disaster, or other extraordinary conditions to stay and work in the U.S. without fear of deportation.

Under President Biden, TPS was extended for Venezuelans through October 2026 due to ongoing crises in Venezuela. Shortly after taking office, Secretary of Homeland Security Kristi Noem moved to terminate those protections prematurely — a decision that would have stripped hundreds of thousands of Venezuelans of their legal status and work authorization.

But a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit found that Noem exceeded her authority under the law when she reversed the extension and ended TPS early. The court agreed with a lower court that the statute governing TPS does not allow the Secretary to “vacate” or prematurely end an existing designation and that doing so violated federal law. 

“The Secretary attempted to exercise powers Congress simply did not provide under the statute.” — Ninth Circuit opinion

Real Consequences for TPS Holders

The court’s ruling emphasized that Noem’s actions have had “real and significant consequences” for the people who relied on TPS — including the risk of deportation, loss of employment, and separation from family members.  TPS holders who lost status faced sudden uncertainty about their ability to remain in the U.S. and support their families.

It’s important to note that — because of a separate decision by the U.S. Supreme Court — the appeals court ruling does not immediately restore protections, and the legal battle is ongoing. Many Venezuelans who were affected still face uncertainty as the case continues through the courts.

Why This Matters to Immigrant Families

• TPS holders contribute to our communities — they work, pay taxes, and build lives here.

• Legal protections like TPS are meant to provide stability and safety for people fleeing crisis conditions.

• Court decisions like this one underscore that immigration law must be administered according to statute and not changed arbitrarily.

How an Immigration Attorney Can Help

If you, a family member, or someone you care about:

• Has or had TPS.

• Is concerned about losing work authorization or legal status.

• Is trying to understand how this decision affects ongoing immigration cases.

  
  

… it’s essential to get trusted legal guidance.

This is a complex and evolving area of the law. Court rulings may change how protections. are applied — and deadlines can be tight. 

📞 Call us today to schedule a consultation. We can help clarify your status, explore your options, and protect your rights under U.S. immigration law.