Venezuela TPS will not return on November 6: Ninth Circuit grants a 14-day stay
Temporary Protected Status (TPS) for Venezuelans in the United States will not be reinstated this Friday, November 6. The U.S. Court of Appeals for the Ninth Circuit granted on Tuesday a 14-day administrative stay freezing the court order that would have restored the protections, Bloomberg Law reported.
The reversal came just four days after the same three-judge panel denied, on October 30, the government's request to keep the order on hold. That denial had opened the door for hundreds of thousands of Venezuelans to regain protection from deportation and work authorization on November 6. With the stay, nothing will change that day.
The administrative stay, which runs from November 6 to about November 20, does not resolve the underlying litigation: it is a holding pattern while the court decides whether to grant a longer stay during the appeal and while the government may ask the Supreme Court to keep the program's termination in place.
The case, National TPS Alliance v. Mullin, challenges the decision by then-Homeland Security Secretary Kristi Noem to end TPS for Venezuela. Federal Judge Edward Chen ruled in September 2025 that Noem had exceeded her authority. The Supreme Court, in its June 2026 ruling in Mullin v. Doe, limited by 6 votes to 3 the judicial review of TPS decisions and in October sent the case back to the Ninth Circuit to be reconsidered in light of that precedent.
For beneficiaries, the practical message does not change: do not pay for new filings or forms, and wait for an official notice from U.S. Citizenship and Immigration Services (USCIS) and consult an immigration attorney before making decisions. A Lo Claro published this week a guide with what is known and what remains pending in this litigation.
Photo: Immigration Analytics