Ninth Circuit Refuses to Pause a Ruling, Clearing the Way to Restore Deportation Protections for Hundreds of Thousands of Venezuelans on Nov. 6
The appeals court denied the administration's stay request and a fallback 21-day pause. Attorneys for TPS holders say protections resume unless the Supreme Court steps in.
A federal appeals court on Friday blocked the administration from keeping Venezuela's Temporary Protected Status termination in force, Breitbart News reports.
The order. The Ninth Circuit denied the government's request for a stay in National TPS Alliance v. Mullin and rejected a fallback request for an administrative stay of at least 21 days. Attorneys for Venezuelan TPS holders say protections for hundreds of thousands of people will resume Nov. 6 unless the Supreme Court intervenes. The court said a separate order will set an expedited briefing schedule on the merits, and Friday's decision does not resolve the underlying case.
What TPS does. It lets eligible people work legally in the United States and shields them from deportation while the designation lasts. It does not grant permanent residency.
How it got here. The case challenges a decision by then Homeland Security Secretary Kristi Noem to undo an extension of Venezuela's designation and then end it. A district court ruled Sept. 5, 2025 that she exceeded her authority. The Supreme Court put that ruling on hold Oct. 3, 2025, over dissents from Justices Sotomayor, Kagan and Jackson. On Oct. 5, 2026, it vacated an earlier Ninth Circuit judgment and sent the case back after its decision in Mullin v. Doe. The government then asked for a new stay to take effect when the existing Supreme Court stay expires Nov. 6, and the Ninth Circuit said no.
The arguments. The plaintiffs' lawyers say the administration argued the Supreme Court's June ruling in Mullin v. Doe bars courts from reviewing the challenge. The TPS holders argue judges can still decide whether the secretary acted beyond the authority Congress gave her.
Note for readers: the dates and the Nov. 6 timeline come from the plaintiffs' attorneys as relayed by Breitbart. The administration can still ask the Supreme Court to act, and we have not seen a government response.