This is an appeal of a district court decision granting summary judgment, finding the federal government’s move to cancel TPS for more than one million Venezuelans and Haitians violated the Administrative Procedure Act. TPS is a form of humanitarian relief against deportation to countries dealing with armed conflict and/or natural disasters. Judge Chen’s summary judgment order on September 5 restored the January 17, 2025 extension of Venezuela’s TPS designation, which extended TPS and work authorization for all Venezuelan TPS holders–whether they first registered for TPS in 2021 or 2023. 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 September 17, the Court denied the government’s motion for a stay pending appeal. On September 19, the government filed an application for an emergency stay with the Supreme Court. The Supreme Court granted the stay pausing Judge Chen’s order on October 3rd, 2025.
Technical Summary:
Judge Chen’s summary judgment order on September 5 concluded that DHS Secretary Kristi Noem did not have the authority to cancel a previously granted extension, that she did not lawfully exercise the authority that she had, and that the termination decisions were pretextual and did not follow proper procedures.
