Ninth Circuit allows TPS protections to resume for hundreds of thousands of Venezuelans

The United States Court of Appeals for the Ninth Circuit denied a request by the federal government to stay a district court order, clearing the way to restore Temporary Protected Status for hundreds of thousands of Venezuelans. The ACLU of Northern California and Breitbart News both reported on the decision. Unless the United States Supreme Court intervenes, the status will be reinstated on November 6 while litigation continues. [1][4]

The ruling relates to a September 5, 2025, district court order in the case National TPS Alliance v. Mullin. According to the ACLU of Northern California, the district court found that former Secretary Kristi Noem exceeded her legal authority when she issued orders vacating a previous extension of status for Venezuelans and terminating the country designation. [1]

The United States Court of Appeals for the Ninth Circuit is an appellate court headquartered in San Francisco, California. It exercises jurisdiction over federal district courts across several western states, including the Northern District of California where the underlying litigation originated. [1][5]

The district court order had previously been subject to a temporary pause while the appellate court evaluated the government request for a stay. The Ninth Circuit decision allows the lower court ruling to take effect while the broader lawsuit proceeds through the judicial process. [1]