U.S. Court of Appeals upholds Venezuelans in TPS case

The Ninth U.S. Circuit Court of Appeals on Friday upheld a federal judge’s decision that the cancellation of Temporary Protected Status (TPS) for some 600,000 Venezuelan residents in the country was illegal.

The court unanimously ruled that Judge Edward Chen of the Northern District Court of California has full authority to rule on the case, rejecting the White House’s arguments that the executive branch had the authority to terminate the program. The ruling does not yet imply the immediate restoration of the benefit, but it does represent a crucial step that will allow Judge Chen to issue a final ruling in the coming months.

What does this ruling mean for Venezuelans?

TPS is an immigration relief that protects citizens of countries affected by humanitarian crises, armed conflicts or natural disasters.

In the case of Venezuela, it was granted in 2021 by then President Joe Biden, initially benefiting some 250,000 immigrants, and extended in 2023 to cover another 350,000 applicants.

The Ninth Circuit decision recognizes that Venezuelans would lose their right to work legally.

In addition to facing risks of detention, family separation and deportation if the amparo were to be removed.

According to the American Civil Liberties Union (ACLU), which represents the plaintiffs, the ruling is an endorsement of the fundamental rights of those who have built their lives in the United States under this program.

The position of the Trump Administration

President Donald Trump’s administration has argued that the Executive has the sole power to decide on the continuation of TPS and that Judge Chen’s order should not apply nationwide.

In fact, in recent months, the Supreme Court granted the White House a partial victory by allowing the relief to end for the 350,000 Venezuelans who received protection in 2023, pending the judge’s final decision.

This means that, despite the Ninth Circuit’s ruling, many Venezuelans have already lost their work permits and protection from deportation, leaving them in legal limbo until the district court issues its ruling.

Community reactions

For beneficiaries, the Court’s ruling upholding TPS for Venezuelans offers hope, Efe news agency reported.

“Fortunately, today’s ruling shows that the Trump Administration is not above the law,” stated Freddy Arape, one of the Venezuelans protected by TPS and a plaintiff in the case.

For her part, Jessica Bansal, an attorney with the National Day Laborer Network (NDLON), noted that the decision “paves the way for a swift final decision that can restore needed protections.”

Who represents the plaintiffs

The legal complaint is supported by a number of leading immigrant rights organizations:

NDLON (National Day Laborer Network)

ACLU of Northern and Southern California

University of California, Los Angeles (UCLA) Center for Immigration Law and Policy (CILP)

Haitian Bridge Alliance

This legal front argues that terminating TPS for Venezuelans is not only arbitrary, but violates constitutional rights and exposes thousands of families to avoidable humanitarian crises.

Court upholds TPS for Venezuelans

The case does not only affect Venezuelans: it may also set a precedent for beneficiaries from other countries under TPS, including Hondurans, Salvadorans, Nicaraguans and Haitians.

For the Hispanic community in the U.S., the outcome is crucial, as it will define whether federal judges can limit the power of the Executive Branch in immigration matters when human rights are at stake.

In the meantime, lawyers recommend that TPS beneficiaries stay informed, renew their permits when possible, and consult with legal specialists to explore immigration alternatives in the event of an unfavorable ruling.