Judge halts ending of TPS protections for 1.1 million Venezuelans and Haitians

(SAN FRANCISCO) A federal judge in California has blocked the Trump administration from ending Temporary Protected Status for more than 1.1 million people from Venezuela and Haiti, preserving their ability to live and work in the United States while a lawsuit moves forward.

In a ruling issued on September 5, 2025, U.S. District Judge Edward Chen said the Department of Homeland Security’s attempt to terminate TPS for these groups was “arbitrary and capricious” and exceeded the Secretary’s authority under the Administrative Procedure Act. The order immediately halts DHS Secretary Kristi Noem’s revocation of TPS and keeps prior protections in place for 600,000 Venezuelans and 500,000 Haitians.

The decision, handed down in San Francisco, maintains the January 17, 2025 TPS extension for Venezuela and parallel protections for Haitians, at least while the courts review the case. The government had not issued a public response to the ruling as of September 5. The lawsuit, brought by the National TPS Alliance and individual TPS holders, argues the law does not allow early termination once a country is designated and says the attempted rollback was motivated by unconstitutional bias.

What TPS is and recent designations

Temporary Protected Status (TPS) is a humanitarian program that lets people from countries facing war, natural disaster, or other severe conditions stay in the U.S. temporarily with work authorization if returning would put them in danger.

• The Biden administration extended Venezuela’s designation on January 17, 2025 for 18 months, running to October 2026, citing ongoing hardship and security concerns.
• Haiti’s designation, first granted after the 2010 earthquake, has been extended repeatedly because of instability, hunger, and widespread gang violence.
• A separate court order out of New York already extended Haiti’s protections to February 2026.

In seeking to end both designations, Secretary Noem argued conditions had improved and continuing TPS was not in the national interest. Judge Chen rejected that position, pointing to ongoing dangers and U.S. government travel warnings.

Policy ruling and immediate effects

The ruling in NTPSA v. Noem I applies nationwide and keeps TPS for Venezuelans and Haitians in force while appeals play out.

• Current TPS holders from these countries may continue using their work permits and maintain protection from removal for now.
• The court’s order confirms that no immediate action is required by beneficiaries; their protection and work authorization remain valid under the decision.
• According to analysis by VisaVerge.com, the order prevents a sudden loss of status that would have hurt families and employers across many states.

Had the administration’s plan gone ahead:

1. An estimated 350,000 Venezuelans would have lost TPS in April 2025.
2. Another 250,000 Venezuelans were at risk by September 10, 2025.
3. Haitians faced a similar cutoff trajectory.

Employers in industries such as health care, food processing, construction, hospitality, and child care were bracing for workforce disruption. Community groups feared increases in family separation and homelessness as people lost work and the ability to pay rent. By keeping protections in place, the court gives families time to plan and gives businesses continuity, even as uncertainty remains.

The order also criticized DHS’s process. Judge Chen concluded DHS did not follow required steps or give a reasoned explanation for reversing course, especially given the record of continuing danger. The Administrative Procedure Act requires agencies to consider relevant evidence and explain their decisions; the judge’s finding that the termination attempt was “arbitrary and capricious” signals that DHS must provide a clear, fact-based rationale for changes.

Government lawyers argue the DHS Secretary has broad authority to make TPS decisions, including ending designations. That point is likely to be central in appeals and could reach the U.S. Supreme Court. For now, TPS remains in place while the case proceeds, and the court left the door open for further briefing without setting a final timeline for next steps.

Key takeaway: TPS protections for Venezuela and Haiti remain effective immediately under the court’s nationwide order — beneficiaries do not need to take immediate action to preserve status and work authorization.

Legal fight and practical guidance

The plaintiffs—led by the National TPS Alliance—argue:

• The TPS statute does not allow early termination after a country is designated unless the conditions that justified the designation have truly changed.
• The attempted rollback targeted Black and Brown communities, violating the Fifth Amendment.

Government attorneys counter that the executive branch must retain the ability to reassess conditions and adjust immigration programs accordingly. Civil rights groups praised the ruling as a vital safeguard for people who would face danger if sent back.

This order provides stability in the near term, not a permanent solution. TPS by definition is temporary; every extension depends on either agency action that meets legal standards or court orders that prevent rollbacks while lawsuits continue. TPS holders and their families should stay alert because a future decision could change the picture quickly.

Practical steps for TPS holders and families:

• Keep copies of your current TPS approval notices and work permit.
• Check official updates on TPS from USCIS: USCIS Temporary Protected Status.
• Follow case updates from the National TPS Alliance: National TPS Alliance.
• Talk to a trusted immigration attorney or accredited representative before filing anything new.
• Do not submit new applications or renewals unless USCIS instructs you to do so. The court’s order keeps current protections and work authorization valid at this time.

If you need to replace lost or expiring work cards for I-9 verification or other reasons:

• Wait for clear guidance from USCIS. If USCIS announces automatic extensions tied to this court order, those notices can be shown to employers together with an older card.
• If a renewal window opens, the standard forms are:
  • Form I-765, Application for Employment Authorization: Form I-765, Application for Employment Authorization
  • Form I-821, Application for Temporary Protected Status: Form I-821, Application for Temporary Protected Status
• Do not file until USCIS directs you to—filing prematurely can cause problems.

Community and employer impacts

Community groups report many families have mixed statuses — U.S.-born children, TPS parents, and relatives with different visas or pending cases. The ruling helps keep families together while they weigh long-term options.

Employers benefit from continuity:

• Hospitals, farms, restaurants, and other employers retain trained staff and avoid sudden recruiting costs.
• City and state officials say the decision will help prevent sudden strain on social services that would follow mass layoffs.

Advocates caution that relief is temporary. Appeals could move rapidly or slowly, and outcomes are uncertain. If higher courts narrow or reverse the ruling, DHS could again move to end TPS. Conversely, if the decision stands, TPS would continue while DHS conducts any new review required by law.

Be vigilant about scams:

• Legal clinics report a surge in demand for consultations after earlier termination rumors.
• Beware of promises for quick green cards or demands for large fees to “lock in” protection.
• Use free or low-cost consultations from legal aid or community groups to avoid fraud.

Broader policy implications

The ruling highlights the role of official country reports and travel warnings. When U.S. government resources advise against travel due to kidnappings, cartel control, or state repression, it is difficult to justify sending people back.

Judge Chen’s insistence on evidence-based analysis could shape how future administrations handle TPS reviews by requiring a clearer record and detailed reasoning for any change.

The broader policy debate continues:

• Supporters view TPS as a modest but vital lifeline for people fleeing collapse and violence, particularly Venezuelans (economic breakdown and repression) and Haitians (extreme insecurity).
• Critics argue TPS can extend far beyond “temporary,” creating years of reliance without a permanent path.
• Congress alone can create a permanent solution; lawmakers have not moved forward on a lasting option for long-time TPS holders. In the meantime, courts are setting guardrails for DHS actions.

What to expect next

The next court steps will determine whether the nationwide pause becomes a more lasting barrier to termination.

• Appeals could move rapidly; either side may seek emergency relief.
• If the case reaches the Supreme Court, justices would weigh agency discretion versus the APA’s demand for reasoned decision-making.
• Until then, the order stands.

For official program details, beneficiaries should monitor USCIS’s TPS hub for eligibility rules, designated countries, and any auto-extension notices: USCIS Temporary Protected Status. Community advocates, including the National TPS Alliance, will continue posting alerts and organizing briefings to help families follow developments.

The court’s message: sudden, poorly explained reversals that could send people back to danger will not stand without a solid record.

Under this ruling:
– TPS for Venezuela remains extended through October 2026.
– Haiti’s protections run to February 2026 under a separate order.

The landscape could change, but today’s decision gives hundreds of thousands of people and their employers time, stability, and the ability to plan their lives with lawful presence and work authorization still in hand.