In a significant ruling on Friday, the US Court of Appeals for the Ninth Circuit determined that the Department of Homeland Security (DHS) likely breached legal boundaries when attempting to revoke Temporary Protected Status (TPS) for numerous Venezuelans. This decision underscores a pivotal moment for advocates and the affected migrants, though its practical effects are curtailed by a prior Supreme Court stay that permits ongoing deportations as legal proceedings continue.

The unanimous decision by a three-judge panel, led by Judge Kim McLane Wardlaw, highlighted that DHS, under the guidance of Secretary Kristi Noem, did not possess the statutory authority to annul a legitimate TPS extension granted during the final days of the Biden administration in January 2025. This extension was abruptly rescinded by Secretary Noem, who argued that the situation in Venezuela had improved and cited the national interest—reasons the court found insufficient under the TPS statute's stringent guidelines.

The court's decision reaffirms earlier findings by US District Judge Edward Chen, who in March blocked DHS's actions nationwide, though this was later overridden by the Supreme Court’s emergency stay in May. Consequently, while the Ninth Circuit's ruling supports the plaintiffs' stance, the administration’s policy to phase out protections for approximately 348,000 Venezuelans continues for the time being.

Advocacy groups have warmly received the Ninth Circuit's judgment. José Palma, co-coordinator of the National TPS Alliance, regarded the decision as a moral victory that aligns with the rule of law, even though it does not immediately alter the status quo for Venezuelan TPS holders.

TPS was designed as a humanitarian measure by President George H.W. Bush in 1990 to aid individuals from countries experiencing severe conflicts, disasters, or instability, allowing them to reside and work in the U.S. temporarily. Venezuela was first designated for TPS in 2021 amid an acute humanitarian crisis, with renewals extending protections under the Biden administration.

The legal landscape shifted dramatically with President Trump’s return to office and subsequent executive orders that included a directive for DHS to reassess TPS designations. This led to Secretary Noem's rapid revocation of the TPS extension, a move now deemed unlawful by the Ninth Circuit for its disregard of procedural norms and statutory limitations.

In her opinion, Judge Wardlaw emphasized that the TPS statute was created to offer predictable and stable protections, free from the whims of changing administrations. The abrupt cancellation of TPS by the Trump administration was criticized for contravening the clear language and intent of the statute.

Despite the Ninth Circuit's ruling, the future of Venezuelan TPS holders remains uncertain, hinging on whether the Supreme Court will lift its stay and restore the full protections initially extended until October 2, 2026. As the legal battle unfolds, the lives of hundreds of thousands hang in balance, awaiting a resolution that will determine their ability to remain in the United States.