Appeals court clears way for Venezuelan TPS to return Nov. 6

A Ninth Circuit panel unanimously refused to keep Temporary Protected Status for about 627,750 Venezuelans suspended, setting Nov. 6 as the date protections could resume unless the Supreme Court steps in again.

A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit on Oct. 30 unanimously rejected the Trump administration's bid to keep Temporary Protected Status for Venezuelans suspended. The ruling clears the way for protections to resume on Nov. 6 for about 627,750 people, unless the Supreme Court intervenes.

TPS shields holders from deportation and allows them to work legally. The program's Venezuelan beneficiaries lost those protections after then-Homeland Security Secretary Kristi Noem moved to cancel the country's 2023 designation. A federal district court in California ruled she had exceeded her authority, but the Supreme Court paused that ruling in October 2025. That stay expires on Nov. 6.

Venezuelan migrants outside a migration control center (file photo)

The panel also turned down the government's fallback request for a 21-day buffer that would have pushed any restoration past that date. Jessica Bansal, a lawyer for the plaintiffs with the National Day Laborer Organizing Network, said the order will "restore TPS for Venezuela" starting Nov. 6, barring further action by the Supreme Court.

The administration is widely expected to file an emergency application with the justices within days. Even if protections return, advocates say the practical rollout will depend on how U.S. Citizenship and Immigration Services handles reinstatement through notices and updated guidance.

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