A federal district court today postponed DHS Secretary Kristi Noem's decisions to vacate and terminate earlier extensions of temporary protected status for Venezuelan citizens.
The ruling allows Venezuelan citizens with TPS to remain in the country pending further litigation. The ruling applies nationwide.
The case, National TPS Alliance v. Noem, arose when Secretary Noem vacated a decision by the Biden-era DHS to extend TPS designation to Venezuela through October 2, 2026. (Under federal law, the Secretary of DHS may designate a country for TPS when individuals from that country cannot safely return due to armed conflict, natural disaster, or other extraordinary and temporary circumstances. Individuals with TPS can apply for immigration status; they may not be removed; and they are given work authorization. The Biden-era DHS re-designated Venezuela for TPS in 2023; it then extended that designation through October 2, 2026.) Just three days later, Secretary Noem terminated the 2023 designation.
On the likelihood of success on the merits, the court found that Secretary Noem's decision to vacate the extension violated the timeframes set in the TPS statute, that it was based on a legally flawed rationale, that Secretary Noem failed to consider alternatives short of termination, and that the decisions unlawfully discriminated against Venezuelans.