Court Sets Nov. 6 for Venezuelan TPS Status to Resume

The Ninth Circuit Court of Appeals on Friday denied the Trump administration's request to pause a district court order concerning the cancellation of Temporary Protected Status for Venezuelans. The decision means protections could return for affected Venezuelans as early as Nov. 6, while litigation continues.

The National TPS Alliance said the ruling opens the door to restoring protections once a suspension period expires. Immigration attorney José Guerrero said the case has not been resolved on its merits. The litigation has centered on whether to pause a district court order, an issue that reached the Supreme Court.

Guerrero said that if the government does not appeal, or if the Supreme Court rejects an emergency government request to maintain the pause, TPS would technically be restored. He also noted unresolved questions about how long restored protections would remain in effect.

Under the law, a termination must be announced 60 days in advance, Guerrero said, and protections would then be restored automatically. He said it is unclear whether that 60-day period began on Oct. 2 or Nov. 6.

Guerrero stated that TPS has not been restored at this point. He said the process requires waiting for Nov. 6 to see whether the government appeals, or waiting for the Ninth Circuit's decision on how TPS would be restored.