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Trump administration's Venezuelan TPS termination faces legal gauntlet

Trump administration's Venezuelan TPS termination faces legal gauntlet

Rule Changes
By Newzino Staff | |

Courts Rule Secretary Noem Exceeded Authority, But Supreme Court Allows Termination to Stand Pending Final Decision

January 28th, 2026: 9th Circuit Affirms Summary Judgment

Overview

Venezuela first received Temporary Protected Status in 2021, shielding hundreds of thousands of its nationals from deportation. In January 2025, newly appointed Homeland Security Secretary Kristi Noem moved to terminate that protection within days of taking office—an action that two federal courts have now ruled exceeded her statutory authority. On February 3, 2026, a federal judge in Washington, D.C. issued a parallel ruling blocking Noem's termination of Haitian TPS using nearly identical legal reasoning, finding 'substantial' likelihood the decision was motivated by 'hostility to nonwhite immigrants.'

The legal question is deceptively simple: Can a cabinet secretary undo a predecessor's TPS designation before its scheduled end date? The 9th Circuit and a D.C. district court both say no. The Trump administration says the secretary's discretion is absolute. The Supreme Court has allowed the Venezuelan termination to proceed while it decides whether to take up the case—leaving roughly 350,000 Venezuelans in legal limbo, stripped of work authorization and facing potential deportation. Meanwhile, 350,000 Haitians retain their protections following Judge Ana Reyes's injunction, creating a split outcome for nearly identical legal claims.

Key Indicators

350,000
Venezuelans Affected
Approximate number of Venezuelan nationals who held TPS under the 2023 designation before termination took effect
2-1
Court Rulings Against DHS
Both the district court and 9th Circuit have ruled the termination unlawful; Supreme Court has not yet ruled on the merits
8-1
Supreme Court Stay Vote
Justices voted overwhelmingly to allow termination to proceed while litigation continues, signaling possible interest in the case
Nov 7, 2025
Termination Effective Date
Date when the 2021 TPS designation officially terminated, affecting an additional 268,000 Venezuelans

Interactive

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Ayn Rand

Ayn Rand

(1905-1982) · Cold War · philosophy

Fictional AI pastiche — not real quote.

"The spectacle of courts wrestling over who has the "authority" to grant or revoke permission for hundreds of thousands to remain reveals the fundamental corruption of treating human beings as wards of bureaucratic discretion rather than sovereign individuals. A nation built on individual rights would welcome productive immigrants through open borders—not trap them in a degrading lottery of arbitrary executive orders and judicial injunctions, their fate decided by whether some political appointee harbors the right or wrong racial "hostilities.""

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People Involved

Kristi Noem
Kristi Noem
Secretary of Homeland Security (Defendant in two parallel TPS litigations; both courts have found her actions exceeded statutory authority and potentially reflected racial animus)
Edward M. Chen
Edward M. Chen
Senior U.S. District Judge, Northern District of California (Presiding over district court proceedings)
Alejandro N. Mayorkas
Alejandro N. Mayorkas
Former Secretary of Homeland Security (No longer in government)
Kim McLane Wardlaw
Kim McLane Wardlaw
Senior Circuit Judge, U.S. Court of Appeals for the Ninth Circuit (Authored majority opinion in January 2026 ruling)
Ana C. Reyes
Ana C. Reyes
U.S. District Judge, District of Columbia (Presiding over Haiti TPS litigation)

Organizations Involved

National TPS Alliance
National TPS Alliance
Advocacy Organization
Status: Lead plaintiff in NTPSA v. Noem

A member-led organization of TPS beneficiaries that advocates for the program's preservation and a path to permanent residency.

U.S. Department of Homeland Security (DHS)
U.S. Department of Homeland Security (DHS)
Federal Agency
Status: Defendant; appealing adverse rulings

The federal department responsible for administering the Temporary Protected Status program and making designation decisions.

U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the Ninth Circuit
Federal Appeals Court
Status: Ruled against DHS; case may proceed to Supreme Court

The federal appellate court covering nine western states, which has twice ruled the TPS termination unlawful.

Timeline

  1. 9th Circuit Affirms Summary Judgment

    Legal

    A three-judge panel rules that Noem exceeded her statutory authority. Judge Mendoza's concurrence cites 'ample evidence of racial and national origin animus.'

  2. 2021 TPS Designation Officially Ends

    Policy

    The termination of the 2021 Venezuela TPS designation takes effect, ending protections for 268,000 additional Venezuelan nationals.

  3. Supreme Court Issues Second Stay

    Legal

    The Supreme Court stays the district court's summary judgment order in an unsigned, unexplained decision, allowing the termination to take effect pending final resolution.

  4. District Court Grants Summary Judgment for Plaintiffs

    Legal

    Judge Chen rules on the merits that the termination was unlawful, setting aside Noem's decision and restoring the 2023 TPS designation.

  5. DHS Terminates 2021 Venezuela TPS Designation

    Policy

    Separately from the 2023 designation litigation, Secretary Noem terminates the original 2021 TPS designation, affecting an additional 268,000 Venezuelans.

  6. 9th Circuit Affirms Preliminary Injunction

    Legal

    A three-judge panel rules that Noem's termination was unlawful, finding the TPS statute does not authorize the secretary to vacate an existing designation.

  7. Supreme Court Grants First Stay

    Legal

    In an 8-1 vote, the Supreme Court stays Judge Chen's preliminary injunction, allowing the government to proceed with termination while the case is appealed.

  8. District Court Blocks Termination

    Legal

    Judge Edward Chen issues preliminary injunction, calling Noem's conduct 'unprecedented' and suggesting it was 'predicated on negative stereotypes' about Venezuelan migrants.

  9. Formal Termination Notice Published

    Policy

    DHS publishes Federal Register notice formally terminating the 2023 Venezuela TPS designation.

  10. National TPS Alliance Files Lawsuit

    Legal

    The National TPS Alliance and individual TPS holders sue in the Northern District of California, alleging the termination violates the Administrative Procedure Act and was motivated by racial animus.

  11. Noem Vacates Predecessor's Extension

    Policy

    Eleven days after Mayorkas's extension, newly confirmed Secretary Noem vacates it, arguing the program creates a 'magnet effect' for illegal migration.

  12. Mayorkas Extends TPS Through October 2026

    Policy

    Three days before leaving office, Secretary Mayorkas extends TPS for Venezuela through October 2, 2026, covering both the 2021 and 2023 designations.

  13. Second Venezuela TPS Designation Issued

    Policy

    DHS issues new TPS designation for Venezuela based on ongoing extraordinary conditions, covering Venezuelans who arrived more recently.

  14. Venezuela First Designated for TPS

    Policy

    Secretary Mayorkas grants TPS to Venezuelans already in the U.S., citing humanitarian crisis under the Maduro regime. Covers an initial 18-month period.

Scenarios

1

Supreme Court Upholds Termination, Expands Executive Authority

Discussed by: Conservative legal analysts at the Center for Immigration Studies; DHS statements; implications drawn from the 8-1 stay vote

The Supreme Court grants certiorari and rules that the DHS secretary possesses inherent authority to vacate prior TPS designations. This would establish that TPS protections are revocable at the executive branch's discretion, regardless of statutory language about termination procedures. The administration's 'magnet effect' argument could become accepted policy rationale for future TPS decisions.

2

Supreme Court Declines Review, 9th Circuit Ruling Stands

Discussed by: Immigration advocacy groups; ACLU analysis; analysts noting the Supreme Court's history of declining shadow docket cases

The Supreme Court denies certiorari or issues a narrow ruling, leaving the 9th Circuit's interpretation intact. The termination would be reversed, TPS would be restored for affected Venezuelans, and the administration would need to follow standard statutory termination procedures for future designations. This outcome would constrain executive branch authority over TPS but apply only within the 9th Circuit's jurisdiction.

3

Administration Complies with Process, Re-Terminates TPS Lawfully

Discussed by: Employment law firms advising employers; DHS statements about 'magnet effect' policy rationale

Regardless of the litigation outcome, the administration uses proper statutory procedures to terminate TPS at the next scheduled review period. Courts have not ruled that TPS cannot be terminated—only that the secretary cannot vacate a designation mid-stream without following statutory requirements. A procedurally compliant termination would likely survive judicial review.

4

Congressional Action Creates Path to Permanent Status

Discussed by: National TPS Alliance long-term advocacy; Democratic legislative proposals; bipartisan bills from prior sessions

Congress passes legislation providing a path to permanent residency for long-term TPS holders. This would resolve the legal uncertainty by granting affected individuals green cards, removing them from the TPS program entirely. Similar proposals have been introduced repeatedly but have never advanced in both chambers. Political conditions would need to shift significantly for passage.

Historical Context

First Trump Administration TPS Terminations (2017-2018)

September 2017 - May 2018

What Happened

The first Trump administration announced terminations of TPS for six countries: Sudan, Nicaragua, Haiti, El Salvador, Nepal, and Honduras. These decisions affected roughly 400,000 beneficiaries and were justified by DHS claims that original designation conditions had improved. Lawsuits were filed in multiple federal courts alleging racial discrimination and procedural violations.

Outcome

Short Term

Federal courts in California and Massachusetts issued preliminary injunctions blocking the terminations while litigation proceeded. TPS holders retained their status throughout the court battles.

Long Term

The Biden administration rescinded all six termination decisions in June 2023 and extended TPS for the affected countries. The legal question of whether early termination was lawful was never definitively resolved.

Why It's Relevant Today

The current litigation involves the same legal question—whether a secretary can terminate TPS before its scheduled end date—but the Supreme Court's 8-1 stay vote suggests the justices may be more willing to rule on the merits this time.

Korematsu v. United States (1944) and Its Repudiation

December 1944 - June 2018

What Happened

The Supreme Court upheld the internment of 120,000 Japanese Americans during World War II, ruling that military necessity justified racial exclusion. Fred Korematsu's conviction for evading internment orders stood for 39 years until it was vacated in 1983 based on evidence that the government had suppressed intelligence contradicting claims of military necessity.

Outcome

Short Term

Japanese Americans lost their homes, businesses, and freedom. Korematsu served prison time before being released to an internment camp.

Long Term

The Supreme Court explicitly repudiated Korematsu in 2018, calling it 'gravely wrong.' Judge Chen—who participated in Korematsu's 1983 exoneration—has drawn direct parallels between that case and the treatment of Venezuelan TPS holders.

Why It's Relevant Today

Judge Chen's comparison between TPS termination and Japanese internment reflects his view that both involve government action 'predicated on negative stereotypes' about a national-origin group. The historical parallel underscores allegations of discriminatory motivation.

Deferred Action for Childhood Arrivals (DACA) Litigation (2017-2020)

September 2017 - June 2020

What Happened

The Trump administration attempted to terminate the DACA program, which protected roughly 700,000 undocumented immigrants who arrived as children. DHS argued the program was unlawful and could be rescinded at executive discretion. Multiple federal courts blocked the termination, and the case reached the Supreme Court.

Outcome

Short Term

The Supreme Court ruled 5-4 in Department of Homeland Security v. Regents that the termination was 'arbitrary and capricious' under the Administrative Procedure Act because DHS failed to consider reliance interests of DACA recipients.

Long Term

The decision established that executive branch immigration policies can create legally cognizable reliance interests that agencies must consider before reversing course. DACA remains in effect, though subsequent litigation continues.

Why It's Relevant Today

The TPS litigation raises similar questions about whether the administration adequately considered the reliance interests of beneficiaries and followed required procedures. The 9th Circuit's finding that Noem's reasoning was 'pretextual' echoes the Regents court's concern with arbitrary decision-making.

15 Sources:
+9
PBS NewsHour NBC News SCOTUSblog Supreme Court of the United States U.S. Court of Appeals for the Ninth Circuit UCLA Law National TPS Alliance Department of Homeland Security Federal Register Littler Mendelson ACLU of Northern California USCIS NPR Global Immigration Blog JD Supra