A federal appeals court rules that the Trump administration likely acted illegally when it revoked deportation protections for more than 600,000 Venezuelans. The decision focuses on the rollback of Temporary Protected Status, leaving hundreds of thousands of individuals in legal limbo as the case moves forward under heightened political and judicial scrutiny.
Ninth Circuit Court Rules Protections Were Illegally Ended
The Ninth U.S. Circuit Court of Appeals in San Francisco handed down a significant decision on Friday. It held that revoking Temporary Protected Status (TPS) left these individuals in limbo as the case proceeds under intense political and judicial scrutiny. At issue is whether Homeland Security Secretary Kristi Noem overstepped her bounds by revoking a policy established during the Biden administration that allowed for the renewal of Temporary Protected Status (TPS) for specific individuals.
TPS is a program created by Congress to protect individuals from countries experiencing extreme instability, armed conflict, or natural disaster. Noem canceled an extension issued in February that had shielded Venezuelans through October 2026, prompting immediate court action by advocacy organizations and affected families who argued the reversal put lives in jeopardy and undermined the program’s purpose.
Supreme Court’s Stay Limits Immediate Impact
Even as the appellate court issued its decision, it was bound by an earlier mandate from the U.S. Supreme Court. In May, the Supreme Court stayed District Judge Edward Chen’s order, allowing the administration to lift protections for roughly 348,000 beneficiaries.
For yet other beneficiaries, their protections will expire on September 10, leaving them in general uncertainty. The court battle highlights the disagreement between appellate courts that hold against administrative overreach and the Supreme Court, which authorizes policy cancellations to proceed while cases are under consideration.
Administration Defends Its Authority
The Department of Homeland Security, nonetheless, defended the administration. Officials stated that the ruling would delay enforcement and limit the government’s ability to manage immigration policy effectively. A DHS official mentioned that conditions in Venezuela had shown notable improvements. The administration took this as a good reason to roll back protections.
Critics contend that Venezuela continues to face humanitarian crises, economic collapse, and political repression. Human rights organizations argue that if protections are lifted too soon, deported Venezuelans would be at grave risk of persecution, poverty, and violence.
Judges Cite Congressional Intent Behind TPS
In her appellate panel decision, Circuit Judge Kim McLane Wardlaw strongly emphasized Congress’s aim for TPS recipients to enjoy stable periods of safety without sudden political or administrative changes. She affirmed that abrupt cancellations undermined the statute’s purpose and created unwarranted uncertainty for immigrants and their families.
The court emphasized that TPS is intended to provide humanitarian relief in accordance with specific legal requirements, not to be altered in response to election agendas. The judges determined that the administration’s move contradicted both the express language and purpose of the law.
Looking Ahead
The court fight is hardly over, however, since the administration plans to appeal the Ninth Circuit decision. Meanwhile, hundreds of thousands of Venezuelans are left in limbo, not knowing whether their protections will make it through or be terminated as higher courts review their cases.
The case highlights the vulnerability of humanitarian protections within the U.S. immigration system. Venezuelan TPS’s fate will hang not only on the courts but on political choices in Washington over the next few months.
Resources:
- https://www.reuters.com/legal/government/trump-wrongly-ended-protections-venezuelan-migrants-us-appeals-court-rules-2025-08-29/
- https://thehill.com/regulation/court-battles/5478033-appeals-court-blocks-trump-deportation/
- https://www.nytimes.com/2025/08/29/us/politics/appeals-court-protected-status-venezuelans.html
- https://apnews.com/article/immigration-trump-temporary-protected-status-venezuelans-d02922140654063bc461b03f84142f3e
- https://blog.immigrationquestion.com/news/over-600000-venezuelans-at-risk-as-trump-administration-rescinds-tps-extension/
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