How the fight over ending Temporary Protected Status unfolded
From January 2025 the Department of Homeland Security moved to end Temporary Protected Status for Venezuela, Haiti, Syria, Honduras, Nicaragua, Nepal, Afghanistan, Cameroon and other countries, and lower courts blocked several of the terminations. The Supreme Court stayed the Venezuela rulings twice in 2025 and on June 25, 2026 ruled 6 to 3 in Mullin v. Doe that the TPS statute bars court review of non-constitutional challenges, after which the Haiti and Syria designations ended on July 27, 2026.
28 January 2025 to today · 40 dated events · 40 sources
Where it stands now · as of 1 November 2026
As of 1 November 2026 the Haiti and Syria designations have ended, effective July 27, 2026, according to USCIS. The Venezuela case is back before the Ninth Circuit after the Supreme Court vacated its judgment on October 5, 2026 and remanded for further consideration in light of Mullin v. Doe.
designations terminated13as described by the Supreme Court
Haitian TPS holders352,959DHS estimate, November 2025
Venezuelans under 2023 designation348,202DHS estimate, February 2025
Supreme Court vote6-3Mullin v. Doe, June 25, 2026
Timeline of events
Overview · 28 Jan 2025 to 5 Oct 2026 · click a dot to jump
2025
28 Jan 2025
Statement
DHS vacates the Venezuela TPS extension
Homeland Security Secretary Kristi Noem vacated her predecessor's January 10, 2025 decision to extend the 2023 Venezuela designation, according to the termination notice that followed. The vacatur was published at 90 FR 8805 on February 3, 2025.
“I am vacating the decisions announced in the January 17, 2025 notice”Kristi Noem, Secretary of Homeland Security, Federal Register (govinfo)
Termination of the 2023 Venezuela designation published
DHS published the termination of the October 3, 2023 Venezuela designation at 90 FR 9040, effective April 7, 2025. The notice estimated that about 348,202 people held or were eligible for TPS under that designation.
The National TPS Alliance and individual TPS holders sued in the US District Court for the Northern District of California, challenging the Venezuela vacatur and termination, according to the Ninth Circuit's later opinion.
DHS published a partial vacatur of the 2024 Haiti decision at 90 FR 10511, moving the end date from February 3, 2026 to August 3, 2025. The notice estimated about 199,445 people under the extension and gave about 321,349 under the new designation in its summary but 321,249 in its background section, which matches its combined total of 520,694.
US District Judge Edward Chen granted the plaintiffs' motion to postpone the Venezuela vacatur and termination while the case proceeded, according to the Ninth Circuit and the later DHS notice.
DHS published the termination of Afghanistan's designation at 90 FR 20309, effective July 14, 2025. The notice said about 11,700 Afghans held TPS, of whom about 3,600 were also lawful permanent residents.
In Noem v. National TPS Alliance, No. 24A1059, the Supreme Court stayed Judge Chen's March 31 order pending the Ninth Circuit appeal and any petition for certiorari. The order noted that Justice Jackson would deny the application.
DHS published the termination of Cameroon's designation at 90 FR 23697, effective August 4, 2025, and estimated that about 5,200 Cameroonians held TPS.
DHS published the termination of Nepal's designation at 90 FR 24151, effective August 5, 2025. It said about 12,700 people held TPS, about 5,500 of whom had become lawful permanent residents.
DHS published the termination of Haiti's designation at 90 FR 28760, effective September 2, 2025, and estimated that about 348,187 people held TPS under it.
Brooklyn judge rules the Haiti partial vacatur unlawful
US District Judge Brian Cogan ruled that Noem lacked authority to cut short Haiti's TPS, Reuters reported. DHS later said the court's final judgment, dated July 15, 2025, required any termination to take effect no earlier than February 3, 2026.
“Secretary Noem does not have statutory or inherent authority to partially vacate a country's TPS designation”Judge Brian Cogan, as quoted by Reuters, The Star (Reuters)
DHS published terminations for Honduras (90 FR 30089) and Nicaragua (90 FR 30086), both effective September 8, 2025. It estimated about 72,000 Honduran and about 4,000 Nicaraguan TPS holders.
Fourth Circuit declines to pause Afghanistan and Cameroon terminations
In CASA v. Noem, No. 25-1792, a Fourth Circuit panel denied an emergency motion to postpone the Afghanistan and Cameroon terminations. It said the claim was plausible but the evidence did not yet justify that remedy.
US District Judge Trina Thompson in San Francisco postponed the Nepal, Honduras and Nicaragua terminations until November 18, 2025 while the case continued, according to Courthouse News and the law firm BAL.
A Ninth Circuit panel granted the government's motion to stay Judge Thompson's order pending appeal, allowing the Nepal, Honduras and Nicaragua terminations to take effect, according to Courthouse News and BAL.
The Ninth Circuit affirmed Judge Chen's March 31 postponement order, according to its later January 2026 opinion. The Supreme Court's May stay remained in effect.
Judge Chen sets aside the Venezuela and Haiti actions
Judge Chen granted partial summary judgment and set aside the Venezuela vacatur and termination and the Haiti partial vacatur, according to the Ninth Circuit and the Supreme Court docket.
Termination of the 2021 Venezuela designation published
DHS published the termination of the 2021 Venezuela designation at 90 FR 43225, effective November 7, 2025. It counted 268,156 approved beneficiaries and 106,673 pending applications.
DHS published the termination of Syria's designation at 90 FR 45398, effective November 21, 2025, and estimated 6,132 approved beneficiaries. Syria had been designated in 2012, according to the Supreme Court.
In No. 25A326 the Supreme Court stayed the September 5 judgment as to the Venezuela vacatur and termination. Justices Sotomayor and Kagan would deny the application and Justice Jackson dissented.
DHS published the South Sudan termination at 90 FR 50484, effective January 5, 2026, with 232 approved beneficiaries. On November 25 it published the Burma termination at 90 FR 53378, effective January 26, 2026, with 3,969.
US District Judge Katherine Polk Failla in New York postponed the Syria termination indefinitely, according to SCOTUSblog and the Supreme Court's later opinion.
DHS published a superseding Haiti termination at 90 FR 54733, effective February 3, 2026. It estimated about 352,959 Haitian TPS holders, about 18,068 of whom were also lawful permanent residents.
Judge Thompson ruled the Honduras, Nepal and Nicaragua terminations unlawful, finding they did not adequately consider country conditions, Reuters reported. Reuters put the number affected at about 89,000 and cited DHS estimates of about 72,000 Hondurans, 13,000 Nepalis and 4,000 Nicaraguans.
“reflect a stereotyping of the immigrants protected under the TPS program as criminal invaders”Judge Trina Thompson, as quoted by Reuters, The Star (Reuters)
A Ninth Circuit panel held that the Secretary had no authority to vacate a prior TPS decision and that the review bar did not cover such claims. Rehearing was denied on March 11, 2026, according to the Supreme Court docket.
US District Judge Ana Reyes in Washington paused the Haiti termination a day before it was to take effect, the Associated Press reported. The Supreme Court later said she found an equal protection claim likely to succeed.
“During the stay, the Termination shall be null, void, and of no legal effect”Judge Ana Reyes, as quoted by the Associated Press, The Washington Times (Associated Press)
Ninth Circuit stays the vacatur for Honduras, Nepal and Nicaragua
A Ninth Circuit panel stayed Judge Thompson's December ruling pending appeal, AFP and Fox News reported. Fox News said the panel found the government likely to prevail on the arbitrary and capricious claim.
The Second Circuit denied the government's request to stay Judge Failla's order, SCOTUSblog reported. The Supreme Court said the court found at least one strong claim about inadequate consultation with other agencies.
“are not dispositive of our analysis of the merits in this dispute”Second Circuit order, referring to the Supreme Court's Venezuela stays, as quoted by SCOTUSblog, SCOTUSblog
Government asks the Supreme Court to allow the Syria termination
Solicitor General D. John Sauer filed application No. 25A952 asking the Supreme Court to stay Judge Failla's order, according to the docket and SCOTUSblog.
DHS published the termination of Yemen's designation at 91 FR 10402, effective May 4, 2026, with about 2,810 beneficiaries and 425 pending applications.
President Trump announced on Truth Social that Senator Markwayne Mullin would replace Noem and that she would become a special envoy, AFP reported. AFP and Reuters described it as a firing. The Senate confirmed Mullin 54 to 45 on March 23, CBS News reported.
After a divided DC Circuit panel declined on March 6 to stay Judge Reyes's order, the government filed application No. 25A999 with the Chief Justice, according to the Supreme Court docket and opinion.
Supreme Court agrees to decide the Haiti and Syria cases
The Court treated both stay applications as petitions for certiorari before judgment, granted them and consolidated Mullin v. Doe, No. 25-1083, with the Haiti case, No. 25-1084. It deferred action on the stays.
The Court heard 80 minutes of argument. The government asked whether the review bar in 8 U.S.C. 1254a(b)(5)(A) precludes the claims and, if not, whether they fail on the merits.
In an opinion by Justice Alito, the Court reversed and remanded. It held the statute bars review of non-constitutional claims and found the Haiti equal protection claim unlikely to succeed. Justices Gorsuch and Barrett joined all but Part III-A. Justice Kagan dissented, joined by Justices Sotomayor and Jackson.
“we hold that the TPS statute's judicial-review bar applies to all non-constitutional claims”Justice Samuel Alito, opinion of the Court, Supreme Court of the United States
Government asks the Court to revisit the Venezuela ruling
The Solicitor General petitioned in Mullin v. National TPS Alliance, No. 26-48, asking the Court to send the Ninth Circuit's Venezuela decision back for reconsideration in light of Mullin v. Doe.
The Supreme Court issued its judgment on July 27. USCIS said the Haiti and Syria designations were terminated effective that day and that related work permits were no longer valid.
Supreme Court vacates the Ninth Circuit Venezuela ruling
The Court granted the petition in No. 26-48, vacated the Ninth Circuit's January judgment and remanded for further consideration in light of Mullin v. Doe. It did not itself rule on whether the Venezuela terminations were lawful.
Last updated 1 November 2026. Spotted an error? See corrections. Every event links to the record it comes from. Allegations are attributed to whoever made them.