Appeals Court Rules Against DHS in Venezuela TPS Reversal, While Supreme Court Stay Keeps Policy in Place

Washington, D.C., August 31, 2025 - In a ruling issued today, the U.S. Court of Appeals for the Ninth Circuit held that the Department of Homeland Security (DHS) likely exceeded its authority when it attempted to vacate an existing Temporary Protected Status (TPS) extension for Venezuelan nationals. The unanimous three-judge panel found that Secretary Kristi Noem lacked statutory power to undo the extension granted by her predecessor, Alejandro Mayorkas, in January 2025, which had unified and extended protections for both 2021 and 2023 cohorts of Venezuelan TPS holders through October 2, 2026.

Writing for the court, Judge Kim McLane Wardlaw emphasized that Congress designed the TPS program to provide “predictable, dependable, and insulated” relief, precisely to prevent abrupt, politically motivated reversals. The panel noted that no administration in the program’s 35-year history had ever attempted to rescind an existing TPS designation. Despite this legal victory for advocates and beneficiaries, the opinion remains largely symbolic for now: a prior Supreme Court order continues to stay Judge Edward Chen’s nationwide injunction, permitting DHS to proceed with the phase-out of Venezuelan TPS while litigation continues.

Advocates hailed the appellate decision as a vital affirmation of statutory safeguards. “Today’s ruling reminds us that TPS was never intended to be revoked on a whim,” said José Palma, co-coordinator of the National TPS Alliance. For nearly 348,000 Venezuelan nationals in the 2023 cohort, deportation proceedings may still advance, though those from the 2021 group remain protected until September 10, 2025.

The TPS designation for Venezuela was first established in 2021 amid a severe humanitarian crisis and was expanded in 2023. The January 2025 extension sought to streamline protections, but its rapid revocation by Secretary Noem in February triggered legal challenges under the Administrative Procedure Act. The Ninth Circuit’s ruling today underscores judicial reluctance to allow TPS decisions to shift with changing administrations, even as the Supreme Court’s stay prolongs uncertainty for TPS holders.