In a major ruling for hundreds of thousands of Venezuelans living in the U.S., the Ninth Circuit has upheld a district court decision restoring Venezuela’s 2023 Temporary Protected Status (TPS) designation. The court found that DHS Secretary Kristi Noem’s February 2025 attempt to vacate and terminate the country’s TPS status was “arbitrary and capricious” and exceeded her statutory authority under the Administrative Procedure Act.
The decision means that more than 300,000 Venezuelan nationals who rely on TPS protections—many of them spouses and parents of U.S. citizens—can remain shielded from deportation and maintain their work authorization until October 2, 2026. The court emphasized that DHS’s abrupt reversal ignored established procedures, failed to consult other agencies, and relied on pretextual reasoning rather than genuine country condition evidence.
USCIS has since confirmed that Venezuela’s 2023 TPS designation is reinstated, with protections and work authorization extended under the terms of that designation. Eligible Venezuelan nationals may continue to apply for or renew TPS, safeguarding their ability to live and work lawfully in the United States while conditions in Venezuela remain unsafe.
On Friday, September 19, 2025, the administration filed an emergency appeal with the U.S. Supreme Court. Separately, the 2021 TPS designation for Venezuela will terminate on November 7, 2025.
