This is an appeal of a district court decision staying (pausing) the Trump Administration’s attempt to cut short Temporary Protected Status (TPS) for some Venezuelans. TPS is a form of humanitarian relief against deportation to countries dealing with armed conflict and/or natural disasters; shortly after President Trump took office again, DHS Secretary Kristi Noem took actions that cut a year off the time certain Venezuelans are protected from deportation. On March 31, 2025, Judge Edward Chen granted the Plaintiffs’ motion to postpone the effective date of Secretary Noem’s vacatur of a previous extension of TPS for Venezuelans. This appeal ensued.
Shortly after noticing the appeal, the federal government asked the Ninth Circuit to stay (pause) Judge Chen’s order during the pendency of this appeal. On April 18, 2025, the Ninth Circuit denied that motion. Briefing on the appeal was completed on May 28, 2025, and oral argument is set for July 16.
Technical Summary:
The Plaintiffs challenge the vacatur of the January 17, 2025 extension and the termination of the October 23, 2023 re-designation of Venezuelan TPS as in excess of statutory authority, contrary to law, arbitrary and capricious, and pretextual under the APA. The Plaintiffs also bring an Equal Protection claim, alleging that the vacatur and termination are unconstitutional because they were motivated by animus based on race, ethnicity, or national origin. They ask the court to issue declaratory relief, to set aside or to postpone the vacatur and termination, and to enjoin enforcement of the vacatur and termination.
Latest Updates
- 05/28/2025
- 04/30/2025
