Published Sunday, November 1, 1:30 p.m. ET (2:30 p.m. Caracas) · Source: federal court records; ACLU of Northern California
This story is part of our coverage of the venezuela us tensions. Dates, times and how to follow it are in our guide.
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For hundreds of thousands of Venezuelans living in the United States, a court has just opened the door back to legal status, and now everything depends on the next five days. A federal appeals court, the Ninth Circuit in San Francisco, refused on Friday, October 30, to keep their Temporary Protected Status (TPS) switched off, so the protection is set to return on Friday, November 6, unless the U.S. Supreme Court steps in first.
The ruling is the latest turn in the long fight over Venezuela US tensions, which now reach into the lives of ordinary families. TPS is a program created by Congress that shields people from deportation when their home country is in turmoil, and lets them work legally.
TPS lets people from countries in crisis live and work in the United States without fear of deportation. The Trump administration ended it for Venezuelans, a lower court said the move went too far, and the appeals court has now refused to pause that decision.
What the Court Decided
A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit, based in San Francisco, unanimously denied the Trump administration’s request to keep the termination of Venezuelan TPS in force while the case continues. The panel also turned down a fallback request for a short administrative pause of at least 21 days.
The case is known as National TPS Alliance v. Mullin. The ruling is not a final verdict on the merits, and the litigation continues on an expedited schedule.
File photo: Venezuelans at a rally in Florida in 2019. Photo: VOA / Wikimedia Commons (public domain).Why November 6 Matters
The plaintiffs say TPS will be restored on that date unless the Supreme Court intervenes. November 6 is when the Supreme Court’s emergency pause of the lower-court order, granted on October 3, 2025, is due to expire.
If the government asks the Supreme Court to step in before then, the justices could suspend the order again. No such filing had been confirmed as of Sunday, November 1.
How the Case Got Here
On September 5, 2025, Judge Edward Chen of the U.S. District Court in San Francisco found that former Secretary of Homeland Security Kristi Noem exceeded her authority when she cancelled an extension of Venezuela’s TPS and ended the designation. The Supreme Court then paused that order on October 3, 2025, which is why Venezuelans have been without protection.
The American Civil Liberties Union (ACLU), a civil-liberties group that represents the plaintiffs, says hundreds of thousands of Venezuelans were affected. The plaintiffs’ side also includes the National Day Laborer Organizing Network, an immigrant-worker advocacy group.
What It Means for US Readers
Venezuelans who held TPS could regain protection from deportation and the right to work on November 6. Holders and their families would be the clear winners; the administration would be the loser if the order stands. A Supreme Court filing in the coming days is the main way it could change.
Holders should wait for official guidance from the Department of Homeland Security (DHS) before relying on any restored status.
What Is Not Known
The government has not said whether it will appeal to the Supreme Court. No statement from DHS or the White House responding to the ruling was found.
It is also unclear exactly how many people will qualify again. The ACLU speaks only of hundreds of thousands who lost status.
Frequently Asked Questions
Has Venezuelan TPS been restored?
Not yet. Protection is set to return on November 6, 2026, unless the Supreme Court intervenes.
Is this the final ruling?
No. The court refused to pause a lower-court order, and the case on the merits continues.
Sources: ACLU of Northern California press release (October 30, 2026).