The Supreme Court returns the Venezuela TPS case to the Ninth Circuit

The U.S. Supreme Court sent back to the Ninth Circuit Court of Appeals the case on the end of Temporary Protected Status (TPS) for Venezuelans, according to the October 5, 2026 order list. The court granted the government’s petition, vacated the earlier ruling, and asked the Ninth Circuit to reconsider the case in light of Mullin v. Doe, according to the Supreme Court order list.

What was decided and what was not

The case is listed as Mullin v. National TPS Alliance, docket No. 26-48. According to that list, the order is a remand for further review. The order we reviewed does not establish whether ending TPS is lawful or unlawful, nor does it restore any work permit.

To understand why it matters, you need to see what was already in effect. On October 3, 2025, the Supreme Court granted a stay requested by the government in Noem v. National TPS Alliance. That decision set aside, while litigation continued, the September 5, 2025 district court order on the termination of Venezuela’s TPS. Justices Sotomayor and Kagan would have denied the application, and Justice Jackson dissented.

How did we get here?

According to U.S. Citizenship and Immigration Services (USCIS), the Department of Homeland Security (DHS) published on February 5, 2025 the notice ending Venezuela’s 2023 designation. A court order of May 30, 2025 kept in place, while litigation continued, the validity of documents issued on or before February 5, 2025 with an expiration date of October 2, 2026, according to USCIS.

The 2021 designation is a different one. Its termination took effect on November 7, 2025, at 11:59 p.m. Anyone who did not have a work permit (EAD) or Form I-94 expiring October 2, 2026 lost TPS and work authorization that day, according to the same page.

What USCIS says today about documents

The USCIS Venezuela TPS page, archived and reviewed on October 20, 2026, states that documentation for the group expiring October 2, 2026 is no longer valid. That page also does not mention any action by the Ninth Circuit. USCIS further warns that information on its archived pages is outdated.

What's next?

The Ninth Circuit must reexamine the case. According to the National TPS Alliance, cited in coverage of the remand, the group argues there is still room to challenge how the termination was handled. That position has not been confirmed by an official source, and there is no date for a Ninth Circuit decision in the material reviewed.

What does it mean to you?

• The remand does not, by itself, restore TPS or work permits.
• If your TPS EAD was set to expire on October 2, 2026, USCIS says that documentation is no longer valid.
• A permit under a different category that is still valid may be a different basis for work authorization. Check the category with USCIS, an immigration attorney, or an accredited organization.
• Check only official USCIS pages, and be wary of anyone who charges to “reactivate” TPS.

Legal notice: This information is general and does not replace the advice of a licensed immigration attorney or a representative accredited by the Department of Justice.

Editor's note: Some information in this article could not be confirmed with official sources at the time of publication; it comes from reports by other media outlets or from the individuals quoted. We will update the article if the information changes.