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Ninth Circuit Keeps Protections in Place for Venezuelan TPS Holders

The unanimous ruling preserves a lower-court order during a challenge to DHS authority to end the program.

Overview

  • A three-judge panel in San Francisco unanimously upheld a temporary block that prevents termination of Venezuelan Temporary Protected Status while the lawsuit proceeds.
  • The administration is expected to seek Supreme Court review, after the justices earlier allowed temporary cancellations to proceed during related litigation.
  • USCIS lists September cutoff dates for several designations: Honduras and Nicaragua on September 8, Venezuela (2021) on September 10, and Syria on September 30.
  • A separate Ninth Circuit order on August 20 suspended a previous block for Nepal, Honduras and Nicaragua, causing Nepal’s protection to end immediately due to its earlier expiry.
  • Haiti’s termination was determined in July but is on hold until at least February 3, 2026 under a judge’s order, and roughly 600,000 Venezuelans are part of about 1.2 million TPS-eligible or beneficiary individuals nationwide.