Venezuelan TPS could return November 6 unless the Supreme Court steps in

What changed

On October 30, 2026, a Ninth Circuit panel denied the government's requests to keep Venezuela's Temporary Protected Status on hold in National TPS Alliance v. Mullin (No. 25-5724). The panel also refused a shorter pause of at least 21 days and said it will set an expedited schedule to decide the appeal.

The order at issue is from September 5, 2025, when a federal judge in San Francisco ruled that then-Secretary Kristi Noem exceeded her authority by vacating a TPS extension for Venezuela and ending the designation. The Supreme Court stayed that ruling on October 3, 2025. Lawyers for the TPS holders say that stay expires November 6, 2026.

So unless the Supreme Court acts first, protections would be reinstated that day while the lawsuit continues. As of November 2, we had found no report that the government had filed a new request at the Supreme Court, though reports describe one as likely.

Who may be affected

• Venezuelans covered by the 2023 designation. Reports center the order on this group.
• Some 2021 designation holders. Reports differ on who is included. One says people who applied under the January 2025 extension would be covered; another says the 2021 designation is outside the order.
• Total numbers. DHS reported 627,750 Venezuelan beneficiaries across both designations, but that is not a count of who would benefit.

What is still unclear

• How long restored protection would last. The January 2025 extension ran to October 2, 2026, and that date has passed. Neither the court's short order nor the reports we read say what end date would apply.
• Which documents will count. As of November 2, DHS and USCIS had not said how holders prove restored status or work permission to employers.
• The effect of Mullin v. Doe. In June 2026 the Supreme Court held that the TPS law bars most challenges to these decisions. The government says that ends this case, and the holders disagree. The appeal will address it.

What to do now

Key dates

• October 3, 2023: Venezuela's 2023 TPS designation.
• September 5, 2025: District court rules against the termination.
• October 3, 2025: Supreme Court stays that ruling.
• June 25, 2026: Supreme Court decides Mullin v. Doe.
• October 5, 2026: Supreme Court sends the earlier Ninth Circuit decision back for another look.
• October 30, 2026: Ninth Circuit denies a new stay.
• November 6, 2026: Supreme Court stay is set to end.

What's next

This is moving quickly, and these facts are as of November 2, 2026. Our TPS guide tracks every country's status, and our policy tracker will note any Supreme Court action. If you are worried about enforcement, read know your rights.