9th U.S. Circuit Court of Appeals upheld a lower-court ruling preserving Temporary Protected Status for Venezuelans, keeping TPS in effect while legal challenges proceed. The Biden administration extended TPS for about 600,000 Venezuelans. The Trump administration sought to end that extension, which would have cut protection for roughly 350,000 added in 2023 and 250,000 added in 2021, leaving them without work authorization and vulnerable to deportation. A federal judge found challengers likely to prevail and froze the termination before the Supreme Court temporarily allowed cancellation. Congress created TPS in 1990 to shield people from return to countries facing civil strife, disasters, or other extraordinary conditions.
A federal appeals court has blocked an effort by the administration of President Donald Trump to end special protected status for hundreds of thousands of Venezuelans living in the United States. On Friday, a three-judge panel of the 9th US Circuit Court of Appeals upheld a lower court's ruling, which kept in place Temporary Protected Status (TPS) for Venezuelans. The status will remain in place as the legal challenges proceed through the courts.
Before leaving office, the Biden administration had extended TPS for about 600,000 Venezuelans through October 2026. The Trump administration has sought to end the extension, meaning that the status would expire for approximately 350,000 Venezuelans, who were initially granted protection in 2023, in April of this year, and for approximately 250,000 Venezuelans, who were initially granted the status in 2021, by September.
US District Judge Edward Chen had previously ruled in March that plaintiffs challenging the end of the protection were likely to prevail on their claim that the administration overstepped its authority. Lawyers for affected Venezuelans had argued the administration had been motivated by racial animus. At the time, Chen ordered a freeze on the termination. However, the Supreme Court reversed the ruling in an emergency appeal, temporarily allowing the administration to move forward in cancelling the status.
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