A trio of judges from the Ninth Circuit Court of Appeals unanimously dismissed the Trump administration's request this past Friday to keep the temporary immigration protection for Venezuelans in the United States on hold. This decision paves the way for the Temporary Protected Status (TPS) to be reinstated on November 6.
The ruling in case number 25-5724 was signed by Judges Kim McLane Wardlaw, Salvador Mendoza Jr., and Anthony D. Johnstone. The court not only denied the government's main request but also turned down an alternative plea for a 21-day administrative stay and announced an expedited schedule to review the case's merits.
Jessica Banzel, an attorney from the National TPS Alliance, clarified the implications of the ruling: "The Ninth Circuit issued an order that will restore TPS for Venezuela starting November 6, unless the Supreme Court intervenes."
Venezuelan TPS and other immigration matters remain fluid. Stay informed with the latest updates in our U.S. Immigration section.
The suspension, which is set to expire, was imposed by the Supreme Court in October 2025. The highest court, using what is known as the "shadow docket," blocked a Northern District of California ruling that had deemed the decisions of then Homeland Security Secretary Kristi Noem to terminate Venezuelan TPS as illegal.
On October 5, 2026, the Supreme Court applied the precedent set in Mullin v. Doe—decided in June of that year with a six-to-three vote—to the Venezuelan case, nullifying the favorable judgment of the Ninth Circuit and sending the case back for reconsideration. On that same day, the government asked the Ninth Circuit to maintain the existing suspension, which the court rejected this past Friday.
The Supreme Court's decision represented a significant setback for Venezuelan TPS, leaving hundreds of thousands in a precarious immigration situation for weeks.
If TPS is reinstated on November 6, protections will cover those shielded under the 2023 designation, as well as Venezuelans with TPS under the 2021 designation who applied for status extension according to the January 17, 2025 extension. As of June 2026, the Department of Homeland Security reported 627,750 Venezuelan beneficiaries of the program.
However, this reinstatement is not final. The litigation continues, and the Supreme Court may yet intervene again before November 6 to suspend the order once more. The National TPS Alliance has cautioned that they will remain vigilant for any further judicial actions.
"This means that, unless the Supreme Court steps in, TPS for Venezuela will be reinstated on November 6," summarized the organization, closing their statement with an encouraging message to the Venezuelan community: "Our fight continues. Only the people save the people."
Key Questions About TPS Reinstatement for Venezuelans
What is the current status of TPS for Venezuelans?
As of now, the Ninth Circuit Court of Appeals has ruled to reinstate TPS for Venezuelans starting November 6, unless the Supreme Court intervenes before that date.
How many Venezuelans currently benefit from TPS?
According to the Department of Homeland Security, there are 627,750 Venezuelan beneficiaries of the TPS program as of June 2026.
Can the Supreme Court alter the Ninth Circuit's decision on TPS?
Yes, the Supreme Court has the authority to intervene and potentially suspend the Ninth Circuit's decision before November 6.