National TPS Alliance v. Noem (TPS Postpone 2025)
Legal Issues
Overview
Overview
The government appealed Judge Thompson's order vacating the TPS terminations for Honduras, Nepal, and Nicaragua.
Overview
The government appealed Judge Chen's order granting the plaintiff's motion to postpone the cancellation of temporary protected status of Venezuelans by the Department of Homeland Security.
Overview
The government appealed Judge Chen's order which grants the plaintiff's motion for summary judgment on the APA claims related to the Venezuela vacatur, the Venezuela termination, and the Haiti partial vacatur by the Secretary of Homeland Security of the TPS statuses.
Overview
The government appealed Judge Thompson's order granting a preliminary injunction which prevents the government from terminating of temporary protected status for Honduras, Nicaragua, and Nepal.
The Issue
Issue
Whether the Department of Homeland Security possesses statutory authority to terminate Temporary Protected Status designations for Venezuelan nationals, and whether such termination complies with applicable procedural requirements under the Immigration and Nationality Act and Administrative Procedure Act.
The Rules
Rule
Under INA § 244, the Secretary may designate or withdraw TPS designations, but agency action is subject to APA review and cannot be arbitrary and capricious; courts apply preliminary injunction standards when reviewing requests to stay agency action pending appeal.
The Application
Analysis
Judge Chen determined that the National TPS Alliance plaintiff demonstrated either a likelihood of success on the merits or serious questions regarding the lawfulness of the government's TPS cancellation decision, warranting postponement of the termination during appellate review.
The Conclusion
Conclusion
The appeal is currently pending before the Ninth Circuit; the district court's order staying the TPS cancellation remains in effect, preserving temporary protected status for Venezuelan nationals during litigation.
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