In a significant ruling, the U.S. Court of Appeals for the 9th Circuit upheld a lower court’s decision to postpone the Trump administration’s attempt to terminate Temporary Protected Status (TPS) for approximately 350,000 Venezuelans, as part of ongoing litigation challenging the termination’s legality. This decision, referenced in posts on X from August 2025, relates to a case where U.S. District Judge Edward M. Chen in San Francisco had initially blocked the termination in March 2025, citing potential racial bias and procedural violations by Homeland Security Secretary Kristi Noem. However, subsequent developments clarified that the 9th Circuit’s decision was later overtaken by a U.S. Supreme Court ruling on May 19, 2025, which lifted the postponement, allowing the Trump administration to end TPS for Venezuelans under the 2023 designation. Below is a detailed examination of the issue based on available information.
Background on the Case
The TPS program, established under U.S. immigration law, grants temporary protection from deportation and work authorization to nationals of countries deemed unsafe due to war, natural disasters, or other extraordinary conditions. Venezuela was designated for TPS in 2021 by the Biden administration, citing political and economic turmoil under President Nicolás Maduro. This designation was extended in 2023 and again in January 2025, just before the Biden administration’s term ended, providing protections for about 350,000 Venezuelans through October 2026.
Upon taking office in January 2025, the Trump administration, through Secretary Noem, moved to revoke the 2023 TPS designation and vacate the Biden-era extension, arguing it was “contrary to the national interest.” The termination was set to take effect on April 7, 2025, potentially stripping legal status and work permits from these Venezuelans, exposing them to deportation. The National TPS Alliance and individual TPS holders filed a lawsuit (NTPSA v. Noem, No. 3:25-cv-01766) in February 2025, challenging the decision as unlawful and motivated by racial bias.
District Court and 9th Circuit Rulings
On March 31, 2025, Judge Chen issued a 78-page order postponing the TPS termination, finding that Noem’s decision appeared “unprecedented” and predicated on negative stereotypes about Venezuelans, such as unfounded claims linking them to gang activity like Tren de Aragua. Chen argued that the termination would cause “irreparable harm” to TPS holders, disrupt their lives and livelihoods, and cost the U.S. billions in economic activity, while the government failed to demonstrate countervailing harm in maintaining TPS. He also noted that the TPS statute does not explicitly grant the Secretary authority to vacate an extension, marking Noem’s action as a significant departure from historical practice.
The Trump administration appealed to the 9th Circuit, requesting a stay of Chen’s order. On April 18, 2025, the 9th Circuit declined to pause the district court’s ruling, effectively upholding the postponement of the TPS termination while litigation continued. This decision was seen as a temporary victory for TPS holders, preserving their legal status and work authorization pending further judicial review.
Supreme Court Intervention
The Trump administration escalated the matter to the U.S. Supreme Court, filing an emergency appeal on May 1, 2025. Solicitor General D. John Sauer argued that Chen’s order undermined the Executive Branch’s discretionary authority over immigration policy and that continuing TPS harmed national security and strained public resources. On May 19, 2025, the Supreme Court, in an 8-1 unsigned order, granted the government’s request, lifting Chen’s postponement. This ruling allowed the termination of the 2023 TPS designation to proceed, effectively stripping legal status from approximately 350,000 Venezuelans. Justice Ketanji Brown Jackson dissented, arguing that the lower court’s order should remain in place during litigation.
The Supreme Court’s decision left open the possibility for individual TPS holders to challenge deportations or work permit cancellations, particularly for those with documentation valid through October 2026, issued before February 5, 2025. However, the ruling created uncertainty, with attorneys like Ahilan Arulanantham noting it as the “largest single action stripping any group of non-citizens of immigration status in modern U.S. history.” The lack of clear guidance from the Department of Homeland Security (DHS) on implementation further compounded confusion for affected Venezuelans.
Subsequent Developments
On May 30, 2025, Judge Chen issued a follow-up order clarifying that TPS beneficiaries who received employment authorization documents (EADs), Forms I-797, or Forms I-94 with October 2, 2026, expiration dates on or before February 5, 2025, would retain their status pending the litigation’s resolution. This protected a smaller subset of roughly 5,000 Venezuelans who received extended documentation during the brief window between the Biden administration’s extension and Noem’s termination order. However, those with documentation issued after February 5, 2025, lost TPS status.
The 9th Circuit’s fast-tracked appeal process, with arguments scheduled for mid-July 2025, continues to address the underlying legality of Noem’s termination. Plaintiffs argue that the decision violates the TPS statute and is motivated by unconstitutional animus, citing Noem’s inflammatory remarks about Venezuelan migrants. The outcome of this litigation could determine whether TPS protections are reinstated or permanently revoked for this group.
Implications and Context
The 9th Circuit’s initial upholding of the postponement reflected judicial skepticism of the Trump administration’s abrupt policy shift, particularly given the lack of evidence tying TPS holders to criminal activity. However, the Supreme Court’s intervention underscores the judiciary’s deference to executive authority in immigration matters, especially when national security is invoked. The decision aligns with the Trump administration’s broader immigration agenda, including efforts to terminate TPS for other groups, such as Haitians, Afghans, and Cameroonians, and to revoke humanitarian parole for over 500,000 migrants from Cuba, Haiti, Nicaragua, and Venezuela.
For the affected Venezuelans, the loss of TPS threatens significant disruption. Many have built lives in the U.S., contributing to the economy and communities, with some holding higher education degrees than the average U.S. citizen. Deportation to Venezuela, where political persecution, violence, and economic collapse persist (as evidenced by nearly 8 million Venezuelans fleeing since 2014), poses severe risks. Advocates, including the ACLU and National Day Laborer Organizing Network, continue to fight the termination, emphasizing its humanitarian and economic consequences.
Conclusion
While the 9th Circuit initially upheld the postponement of the Trump administration’s TPS termination for Venezuelans, the Supreme Court’s May 19, 2025, ruling overturned this, allowing the termination to proceed. This leaves approximately 350,000 Venezuelans vulnerable to deportation, though litigation continues in the 9th Circuit to challenge the termination’s legality. The case highlights tensions between executive power and judicial oversight in immigration policy, with significant implications for TPS holders and the broader U.S. immigration system. For the latest updates, monitoring DHS guidance and the 9th Circuit’s upcoming rulings will be critical.