Despite Court Wins, Temporary Protected Status Remains Uncertain

The news relating to Temporary Protected Status (TPS) for Venezuelans continues to shift as court battles continue. As we wrote last week, the Ninth Circuit recently affirmed a March 2025 district court order pausing the revocation of the 2023 TPS designation by the Department of Homeland Security (DHS). The Ninth Circuit's decision has no practical effect at the moment, however, because the U.S. Supreme Court stayed the March 2025 order and that stay remains in effect.

In a new twist, on September 5, 2025, the district court granted summary judgment in favor of the plaintiffs, holding that DHS' revocation of the 2023 Venezuela TPS designation, and a partial revocation of a TPS designation for Haiti, violated the Administrative Procedures Act (APA). Venezuelan and Haitian TPS beneficiaries cannot celebrate yet, however. DHS immediately moved for a stay pending appeal, which the district court has not decided. If the district court declines to issue a stay, DHS