Overview

• The unanimous three-judge panel upheld a lower court order maintaining protections and found plaintiffs likely to prove Secretary Kristi Noem lacked authority to vacate a prior TPS extension.
• Roughly 350,000 Venezuelans lost status in April after a Supreme Court stay of the district court’s injunction, and protections for about 250,000 more were due to lapse on Sept. 10, leaving the practical impact of Friday’s ruling uncertain for many.
• Judge Kim McLane Wardlaw wrote that sudden reversals contravene the statute’s text and purpose, and the court affirmed that unlawful agency actions remain subject to judicial review.
• The case stems from Noem’s February decision to nullify a Biden-era extension through October 2026, which the government defended as within broad DHS discretion and justified by improved conditions in Venezuela.
• DHS criticized the ruling and signaled it will pursue further legal options, as the lawsuit proceeds before Judge Edward Chen with potential review by the Supreme Court still likely.