Venezuelans may regain work permits if Supreme Court stays out

The legal battle over work authorizations for Venezuelan nationals reached a procedural turning point this Friday. The U.S. Court of Appeals for the Ninth Circuit denied the Trump administration's request to suspend a lower court order that previously halted the cancellation of Temporary Protected Status, or TPS.

This ruling removes the immediate legal barrier to restoring protections for the affected population. If the Supreme Court does not intervene with an emergency stay, TPS could be reinstated as early as November 6. The National TPS Alliance noted that the decision clears the path for these protections to return once the current suspension period expires.

José Guerrero, an immigration attorney, clarified that the core dispute remains unresolved. The litigation has focused on the procedural pause of a District Court order rather than a final decision on the merits of the cancellation. Guerrero stated that if the government does not appeal the current ruling or if the Supreme Court rejects an emergency request to maintain the pause, the status would technically be restored.

However, the duration of the reinstated protections remains a point of uncertainty. Guerrero explained that federal law requires the government to announce a termination 60 days in advance. Without that notice, the status reverts automatically. It is currently unclear if this timeline began on October 2 or November 6, which affects how long the authorizations will last.

The immediate status quo remains unchanged until the next procedural deadline. Guerrero emphasized that TPS has not yet been formally restored. The government will now decide whether to appeal the decision or wait for the Ninth Circuit to issue further guidance on how the reinstatement process will unfold.