US appeals court blocks Trump's plan to end protections for 600,000 Venezuelans

UPDATED: Aug 30, 2025 01:46 IST

A federal appeals court has halted US President Donald Trump’s plans to terminate protections for roughly 600,000 Venezuelans living and working legally in the United States under the Temporary Protected Status (TPS) program.

In a unanimous decision, a three-judge panel of the 9th US Circuit Court of Appeals upheld a lower court ruling that maintained TPS for Venezuelans while legal challenges continue. The panel concluded that plaintiffs were likely to succeed in their claim that former Homeland Security Secretary Kristi Noem exceeded her legal authority by attempting to rescind a prior extension of TPS, a move the governing statute does not permit.

Congress established TPS through the Immigration Act of 1990, allowing the Department of Homeland Security (DHS) to grant temporary legal status to individuals fleeing armed conflict, natural disasters, or other extraordinary conditions in their home countries. Terms are typically issued for six, 12, or 18 months, enabling recipients to work and live in the US without fear of abrupt removal.

Judge Kim Wardlaw, writing for the panel, emphasised that Congress intended TPS to provide “predictable, dependable” protection insulated from shifting political agendas. The other two judges on the panel were also nominated by Democratic presidents.

Trump’s administration argued that conditions in Venezuela had improved and that continuing TPS was not in the US national interest. The move was part of a broader strategy to scale back both undocumented and temporary legal immigration programs.

US District Judge Edward Chen had previously blocked the termination in March, finding the administration likely overstepped its authority. The Supreme Court briefly reversed that decision without explanation, a common occurrence in emergency appeals.

Friday’s ruling leaves uncertainty for an estimated 350,000 Venezuelans whose TPS expired in April—many of whom have already lost jobs, been detained, or even deported—as well as for 250,000 others whose protections are set to expire on September 10.

“This decision confirms that the administration’s actions were unlawful and provides a potential path to restore protections,” said Emi MacLean, senior staff attorney with the ACLU Foundation of Northern California, representing the plaintiffs.

Millions of Venezuelans have fled their country’s prolonged crisis marked by hyperinflation, political corruption, and economic collapse.

Attorneys for the US government maintained that the Homeland Security secretary holds broad discretion over TPS determinations and argued that the decision should not be subject to judicial review. However, the appellate judges ruled that courts have jurisdiction when actions are unlawful.

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With inputs from Associated Press