A federal appeals court has put a two-week hold on its own order that would have restored Temporary Protected Status (TPS)A designation that lets nationals of certain countries facing conflict or disaster stay and work in the United States temporarily.See it in the glossary for hundreds of thousands of Venezuelans on November 6, keeping the protections switched off while the judges consider the government’s next request.
A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit said on Tuesday, November 3, that it would grant a 14-day administrative stay starting Friday, November 6, Bloomberg Law reported. That pause runs to about November 20.
The move came four days after the same panel refused to keep the case on hold. On October 30, the judges denied the Trump administration’s request for a stay pending appeal, the plaintiffs’ lawyers said. The order also turned down the government’s fallback request for an administrative stay of at least 21 days.
What the Venezuelan TPS pause means
An administrative stay is a short, temporary freeze. It keeps a lower court order from taking effect while an appeals court decides whether a longer stay is justified. It is not a ruling on whether ending Venezuela’s TPS was lawful.
In practice, November 6 no longer brings back TPS and the work authorization tied to it for Venezuelans who lost the status in 2025. What happens after the 14 days depends on the next order from the Ninth Circuit or the Supreme Court.
How the case got here
The case, National TPS Alliance v. Mullin, challenges the 2025 decision by then Homeland Security Secretary Kristi Noem to undo a January 2025 extension of Venezuela’s TPS and end the country’s 2023 designation.
U.S. District Judge Edward Chen in San Francisco set those actions aside on September 5, 2025, a ruling that federal E-Verify guidance later reflected for employers. The Supreme Court stayed his order on October 3, 2025, which let the termination take effect while the appeal went forward.
In January 2026, a Ninth Circuit panel of Judges Kim McLane Wardlaw, Salvador Mendoza Jr. and Anthony D. Johnstone affirmed Chen’s decision, holding that the TPS statute does not let the secretary vacate an existing designation. Wardlaw was appointed by President Bill Clinton; Mendoza and Johnstone were appointed by President Joe Biden. The same three judges issued the October 30 and November 3 orders.
The Supreme Court’s June 2026 decision in Mullin v. Doe then shifted the ground. The government argued that the ruling took away federal courts’ power to hear challenges like this one. On October 5, 2026, the justices vacated the Ninth Circuit’s judgment and sent the case back for another look in light of that decision.
What comes next for Venezuelan TPS holders
The Supreme Court’s earlier stay was set to lapse on November 6, which is why that date mattered. With the new administrative stay, Chen’s order stays on hold until about November 20 unless the court acts sooner.
The panel has said it will set an expedited schedule for briefing on the merits of the appeal. Either side can also go to the Supreme Court. No court has yet issued a final decision on whether ending Venezuela’s TPS was lawful under the post-Mullin framework.
Other TPS countries are on separate tracks. DHS kept Ukraine and Sudan TPS in place past October 19, and Lebanon’s designation runs to November 27.