9th Circuit Affirms Ruling Enjoining Trump Admin. From Revoking TPS Status for Venezuelans – RedState

In another case where we saw a good amount of whip between / among the courts, the 9th circuit has now given the Trump administration a loss on the issue of temporary protected status for Venezuelan nationals. In a 52 -page decision referred on Friday, the court of appeal confirmed the decision of the district court, which enjoined the administration to end the TPS program.

In the context, since 2021, more than 600,000 Venezuelans have obtained TP by the Biden administration, in particular under an announcement by the former secretary of the Ministry of Homeland Security, Alejandro Mayorkas, on January 17, 2025 (only three days before the departure of Biden), which extended the Venezuel finished the previous designation (2023) of Venezuela.

The complainants (seven people from Venezuela who are TPS holders, as well as the National TPS Alliance) brought an action in the North District of California and, on March 31, 2025, judge Edward Chen granted his request by postponing the actions announced by Noem to take effect pending the dispute of the case. The Trump administration called on the decision of the 9th circuit, then, after the 9th circuit, refused to suspend the decision of the lower court pending the appeal, filed a request for suspension from the Supreme Court.

On May 19, in an 8-1 decision (with only judge Ketanji Brown Jackson Dissident), Scotus granted the suspension request, allowing the opinions of the Vacatur and dismissal of the administration to take effect during the appeal.

Read more: the liberal judge blocks the withdrawal of TP for the Venezuelans, and it seems that he has blamed the law in a blatant way

Breaking: Scotus reigns that Trump can revoke protected status for hundreds of thousands of venezuelans

Well, now the call has been ruled. In his decision, affirming the district court, the panel of three judges, composed of judges Kim McLane Wardlaw (named by Clinton), Salvador Mendoza Jr. (appointed by Obama) and Anthony D. Johnstone (person named Biden), concluded: concluded: concluded: concluded: concluded: concluded: concluded: concluded: concluded: concluded: concluded: concluded: concluded: concluded:

We have jurisdiction to examine this appeal of the postponement order of the district court under article 705 of APA. Neither the status of the TPS nor on USC § 1252 (f) (1) excludes our power to examine the merits of the claim of the complainants according to which the secretary exceeded his statutory authority when she ceased to suspend the TPS status for Venezuelans. And we believe that the complainants are likely to succeed in the bottom of this complaint. In addition, the district court has not abused its discretion by determining that the complainants are faced with irreparable damage according to the Vacatur of the extension of Venezuelan TP and that the balance of actions and the public interest promotes the complainants. Finally, everything that is less of a national postponement is incongruous with the status of the TPS, and it would not provide complainants with the complete repair they are looking for. The district court did not abuse its discretion by postponing the opinions of vaculture and termination.

TPS status is designed to force the executive, creating predictable security and legal status periods for TPS beneficiaries. The sudden reversals of previous decisions contravene the simple language and objective of the law. Here, hundreds of thousands of people have been stripped of status and plunged into uncertainty. TPS stability has been replaced by fears of separation, detention and family expulsion. The Congress has not envisaged this, and the irreparable damage in progress for applicants justifies an appeal pending a final decision on the merits.

We may expect the administration to appeal this decision to the Supreme Court. One might think, given the originating stay, that a reversal of the 9th circuit decision could be in sight, but there is no guarantee. Anyway, we will continue to monitor and provide all updates as justified.

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