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SAN FRANCISCO — A federal court of appeals today denied the government’s request for a stay of a district court order preventing the federal government from stripping Temporary Protected Status from Venezuelans while the case moves forward.
The ruling by a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in NTPSA v. Noem leaves in place a federal district court’s decision issued late last month. That court decision preserved TPS for approximately 350,000 Venezuelans who were set to lose work authorization on April 3, and deportation protections on April 7.
“This decision reaffirms what our communities have always known — that our lives are not bargaining chips and our presence here is rooted in justice,” said Jose Palma, National TPS Alliance Coordinator. “TPS holders are workers, parents, and neighbors who have built lives here for decades. Any attempt to strip us of protection without due process is not just unlawful — it’s inhumane. We will continue to fight for a permanent solution that honors our dignity and contributions.”
“People with TPS are grateful to be able to live in safety and contribute to their communities,” said Freddy Arape, a plaintiff in the case. “I am proud to lock arms with brave TPS holders and allied organizations as part of this legal challenge to preserve humanitarian protection for so many families who rely on it.“
The suit was filed in February and later amended to include Haitian TPS holders after the U.S. Department of Homeland Security vacated an extension for Haiti. It challenges the termination of TPS as unconstitutionally motivated by racial animus and as arbitrary, capricious, and in excess of legal authority in violation of the Administrative Procedure ACT (APA). DHS Secretary Kristi Noem and President Trump have consistently used racist tropes to dehumanize nonwhite immigrants, including in announcing the challenged decisions.
The plaintiffs are represented by the National Day Laborer Organizing Network (NDLON), the ACLU Foundations of Northern California and Southern California, the Center for Immigration Law and Policy (CILP) at UCLA School of Law, and Haitian Bridge Alliance.
“As the court recognized, the government failed to show that the presence of Venezuelan TPS holders harms this country,” said Ahilan Arulanantham, Faculty Co-Director of CILP. “When the government was forced to show evidence to the contrary, it offered none whatsoever. We hope the government will abandon its request for a stay and allow the case to proceed in due course.”
"The appeals court rightly left protections for Venezuelan TPS holders in place while the litigation proceeds. If the unlawful TPS termination were allowed to take effect, it would be devastating to TPS holders and their communities," said Jessica Bansal, an attorney with NDLON.
“The district court rightly recognized that allowing the termination of TPS to go forward is likely illegal and would have severe consequences for hundreds of thousands of people,” said Emi MacLean, an attorney with the ACLU Foundation of Northern California. “The court of appeal recognized that there is no basis for the emergency relief the government seeks. Their effort to avoid judicial review cannot stand.”
“It is important to note that the district court’s March 31, 2025 Order, which the appeals court left in place today, finds that Plaintiffs are likely to succeed on their claim that the DHS Secretary lacks authority to vacate a prior TPS extension,” said Erik Crew, an attorney with Haitian Bridge Alliance, “a claim that TPS Holders here have made in response to both the Venezuela and Haiti TPS decisions.”
Read the Ninth Circuit ruling.
