9th Circuit Maintains Venezuelan TPS as Litigation Continues

A federal appeals court on August 29, 2025, blocked the Trump administration from ending Temporary Protected Status for Venezuelans, keeping work permits and deportation protections in place for roughly 600,000 people while the case moves forward. The 9th U.S. Circuit Court of Appeals upheld a lower court’s injunction that had paused the termination, closing a turbulent spring and summer marked by a brief Supreme Court stay, dueling filings, and mounting worry in communities where many TPS holders live and work.

The decision means Venezuelan TPS holders can remain lawfully in the United States 🇺🇸 and keep working, for now, under the 2021 designation that runs through September 10, 2025, with a likely automatic extension to March 9, 2026 unless another court or the Department of Homeland Security (DHS) intervenes.

What the ruling does — and doesn’t — do

• The appeals court kept the lower court’s injunction in place, preserving protections while litigation continues.
• The decision does not end the legal fight; the administration has signaled it will seek further review, possibly returning the case to the Supreme Court.
• The ruling does not revive the 2023 TPS redesignation; it only preserves the 2021 designation while the case proceeds.

The practical outcome today: Venezuelan TPS holders can remain in the U.S. and continue working under the current orders, subject to proper documentation.

Why the courts intervened

The dispute centers on two questions:

1. Narrow: Did DHS follow the law and adequately justify terminating TPS for Venezuela?
2. Broad: How insulated is the TPS program from political shifts?

Legal experts note Congress designed TPS to respond to dangerous conditions abroad—armed conflict, natural disasters, or other extraordinary circumstances—and intended it to be more stable than ordinary policy swings. Both the district court and the appeals court found the plaintiffs were likely to show the government overstepped and that TPS decisions require careful, apolitical reasoning.

Timeline of key events

• March 31, 2025: Federal district court issued a preliminary injunction keeping TPS in place.
• May 19, 2025: Supreme Court temporarily stayed that injunction.
• August 29, 2025: 9th Circuit decision effectively reinstated protections, ending the stay’s practical effect.
• Current designation runs through September 10, 2025, with a likely automatic extension to March 9, 2026 if litigation continues.

Practical effects for Venezuelan TPS holders

• TPS remains active. Holders keep protection from deportation and may continue to work under the current framework.
• Work authorization is valid in many cases past printed expirations because of automatic extensions tied to Federal Register notices and court orders.
• No new registration or re-registration is open for Venezuelan TPS at this time — beware scams promising otherwise.

Immediate actions TPS holders should take

• Keep a copy of the January 17, 2025 Federal Register notice with their Employment Authorization Document (EAD).
• Confirm EAD category: A12 or C19.
• Check printed expiration dates: cards showing September 10, 2025, April 2, 2025, March 10, 2024, or September 9, 2022 may be covered by automatic extensions tied to TPS.
• Bring both the EAD and the Federal Register notice to I-9 checks and be prepared to explain that TPS-based work authorization is extended under court orders and DHS notices.
• Monitor official updates at the USCIS page: https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-venezuela

Guidance for employers and HR

• Continue I-9 checks by reviewing an employee’s current EAD and the Federal Register notice that extends TPS-based work authorization.
• Accept covered EADs with the notice as proof of ongoing eligibility when extension rules apply.
• Employers using E-Verify: pending re-verification due to an expiring card may be satisfied by automatic extension evidence.
• When unsure, seek legal counsel rather than refusing a worker who presents proper TPS documents.

Human impact and community effects

• The ruling gives families breathing room: children stay in school, medical treatments continue, and workers can plan shifts and pay rent.
• Relief is fragile — a Supreme Court decision or further DHS action could change the status quickly.
• Community groups have expanded clinics to help people make copies of work authorization papers and explain the timeline. Legal aid organizations report a rush of questions about family petitions and other routes to stability.

Legal reasoning and national implications

• The appeals court emphasized statutory text and congressional purpose: TPS aims to protect people when return is unsafe.
• The court applied a balance-of-harms test common in emergency orders and found removing protections now would cause widespread harm while the government had not shown adequate justification for immediate termination.
• The case could set a national rule on how and when DHS may end TPS, with effects beyond Venezuela.

Potential next steps

1. The administration may ask the Supreme Court to take the case.
2. The appeals court could move the case toward trial if settlement talks fail.
3. DHS could issue new notices adjusting timelines in response to court orders, altering EAD validity periods and re-verification dates.

Practical checklist for TPS holders and affected households

• Keep tax records and immigration paperwork up to date.
• Make copies of all immigration documents and the January 17, 2025 notice.
• Plan for different scenarios (short-term extension vs. termination).
• Seek qualified legal advice for family sponsorship or other pathways to permanent status.

Sectors and local economies at risk if TPS ends

• Venezuelan TPS holders are concentrated in health care support, construction, hospitality, logistics, and food services.
• Economists and business groups warn that a sudden loss of TPS could cause layoffs, missed mortgage payments, and supply-chain disruptions in states such as Florida, Texas, New Jersey, and Georgia.

Warnings and scams

• Be cautious about social media claims or people offering “fast-track” green cards or fake re-registration for a fee.
• TPS itself does not automatically lead to permanent residence. Contact a qualified lawyer about long-term options.

Bottom line (what to remember)

• TPS protections for Venezuelans remain in place while the legal case continues.
• Covered individuals can continue to live and work under the 2021 designation.
• No new registrations for Venezuelan TPS are open now.
• If litigation continues past September 10, 2025, the 2021 designation is expected to extend to March 9, 2026, unless a court or DHS acts otherwise.

Those seeking official updates should rely on government sources and trusted legal providers. The USCIS TPS for Venezuela page posts notices and instructions, including how automatic extensions work and what evidence employers should accept: https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-venezuela

“The appeals court’s order gives families time they did not have yesterday.” — The decision eases fear in the short term but leaves long-term security dependent on future judicial and administrative choices.