Pasadena Federal Appeals Court to Hear Challenge to Federal Termination of Venezuelans’ Protect Status

Oral arguments are set to begin Wednesday morning at the Richard H. Chambers Courthouse on Grand Avenue in West Pasadena, where attorneys for the National TPS Alliance and individual plaintiffs will argue a lawsuit challenging the federal government’s decision to terminate Temporary Protected Status (TPS) for Venezuelan nationals.

The case, NTPSA v. Noem, targets a series of actions by the Trump administration that reversed a January TPS extension for Venezuela issued by Homeland Security Secretary Alejandro Mayorkas. That extension was later vacated by Secretary Kristi Noem, and formal termination followed on February 5.

Wednesday’s hearing before the Ninth Circuit Court of Appeals follows a March 31 ruling by U.S. District Judge Edward Chen that blocked the termination, allowing TPS protections to remain in place for Venezuelan holders. The federal government appealed that ruling, and a three-judge appellate panel upheld Chen’s order. The Trump administration then sought emergency review by the U.S. Supreme Court, which granted a stay in May by an 8-1 vote, effectively pausing the lower court’s decision.

Plaintiffs in the case are represented by the National Day Laborer Organizing Network, the Center for Immigration Law and Policy at UCLA School of Law, the ACLU Foundations of Northern and Southern California, and Haitian Bridge Alliance.

Attorneys contend the termination was unconstitutional, citing racial animus and violations of the Administrative Procedure Act.

A press release issued by the ACLU Foundation of Northern California included statements from lead counsel Ahilan Arulanantham and staff attorney Emi MacLean criticizing the government’s actions and the Supreme Court’s decision to uphold the stay.

According to federal data verified through DHS and court records, more than 600,000 Venezuelan nationals hold TPS status under the 2021 and 2023 designations. Approximately 350,000 of them stand to lose protections if the case is dismissed.