• Insights

United States: District Court Rules for Plaintiffs in Haiti and 2023 Venezuela TPS Termination Litigation, But Government Seeks Stay

September 8, 2025

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • On September 5, a federal district court in California invalidated Department of Homeland Security (DHS) action with respect to the Temporary Protected Status (TPS) designation for Haiti and the 2023 TPS designation for Venezuela; however, there would appear to be no immediate impact on either designation at this time.
  • Though the order would reinstate the 2023 Venezuela designation, DHS has already filed a request for the district court to stay its September 5 order, which would permit the 2023 TPS Venezuela designation to remain terminated while appeals continue.
  • The Haiti TPS designation remains valid through February 3, 2026, pursuant to court order in a separate lawsuit that blocked government termination action.

The issue

On September 5, a federal district court in California granted summary judgment in favor of Temporary Protected Status (TPS) plaintiffs on several claims challenging Department of Homeland Security (DHS) action against the Haiti and 2023 Venezuela TPS designations; however, there appears to be no immediate practical impact of the ruling yet. In National TPS Alliance et al. v. Noem et al. (N.D. Cal., No. 3:25-cv-01766), the court found that DHS’s partial vacatur of TPS for Haiti, and its vacatur and termination of the 2023 TPS designation for Venezuela, were unlawful under the Administrative Procedure Act (APA). The court’s summary judgment order sets aside these government actions under the APA. However, the Haiti TPS termination had already been blocked by court order in a separate lawsuit, and DHS has already requested a stay of the September 5 National TPS Alliance order with respect to the 2023 Venezuela designation, and the agency will presumably continue to treat the designation as terminated while its request for a stay is being considered.

Impact on the 2023 Venezuela designation

The 2023 Venezuela TPS designation has been deemed terminated as of early April. The September 5 district court order should have the effect of invalidating the DHS vacatur and termination, because the order appears to be outside of the purview of a recent U.S. Supreme Court ruling which permitted the vacatur and termination actions to remain in place, pending certain appeals in the case. However, because effectuating the September 5 district court order would mean that DHS would be required to at least temporarily reinstate the 2023 Venezuela TPS designation, DHS has already filed a request for the district court to stay the order. If the stay is granted, the 2023 designation will remain terminated while appeals in the case move forward.

Impact on the Haiti designation

The September 5 ruling does not have a practical impact for Haitian nationals in TPS status because the termination of Haiti TPS is already blocked by court order in a separate lawsuit. Haiti TPS is currently scheduled to remain in effect through February 3, 2026.

What’s next

In the coming days, the National TPS Alliance district court is expected to rule on DHS’s request for a stay of the September 5 order. If the court approves the stay request, the 2023 TPS Venezuela designation would remain terminated pending further appeals in the litigation. If the court declines to grant a stay, DHS may attempt to seek a stay of the decision from a higher court pending its appeal on the merits of the case, but if no stay is granted, DHS would be expected to provide guidance on how it plans to reinstate the designation, even temporarily. However, either party is likely to appeal a non-favorable decision by the district court to higher courts.

As a reminder, last week, DHS announced that it would not extend the 2021 Venezuela TPS designation scheduled to expire on September 10, but will grant a transition period through November 7, 2025 for these beneficiaries.

Fragomen is monitoring developments in TPS litigation and will issue updates accordingly.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

The Narrowing Talent Pipeline: From International Student to Corporate America

Counsel Susan Steger discusses how recent immigration developments may affect the pathway from F-1 study and practical training through H-1B sponsorship and permanent residence for U.S. employers recruiting and retaining early-career international talent.

Learn more

Blog post

Right to Work Changes: What Do They Mean for Employers in Northern England?

Manager Ko Ito, Senior Immigration Consultant Danielle Barks, Associate Naureen Malik and Trainee Solicitor Amna Ali outline how the expanded UK Right to Work Scheme could affect employers in Northern England and the practical steps businesses can take ahead of the 1 October 2026 changes.

Learn more

Media mentions

Business Traveller: Six Months in, the EU’s Entry/Exit System Isn’t Working

Partner Christine Sullivan discusses the implementation of the EU’s Entry/Exit System (EES) across member states and at border crossing points.

Learn more

Blog post

Polish Citizenship by Descent: A Practical Guide for 2026

Poland Immigration Strategy Director Tomasz Rogala, Senior Associate Tomasz Rdzanek and Senior Immigration Consultant Paulina Fołta-Cisak discuss who may qualify for Polish citizenship by descent, how historical events can affect a claim and what applicants should expect from the 2026 confirmation process.

Learn more

Media mentions

ABC News: What Australia can learn from 165 years of migration data

Senior Counsel Anna Boucher is quoted in ABC News regarding Australia's migration debate and what more than 165 years of migration data reveals about long-term immigration trends.

Learn more

Blog post

Swiss Immigration Quotas 2026: Are Work Permit Quotas Likely to Run Out Before Year-End?

Senior Immigration Consultant Alessandra Rüede discusses Switzerland’s 2026 work permit quota utilisation and what current availability, canton-level allocation practices and processing considerations mean for employers planning international hiring and mobility.

Learn more

Blog post

From Investment to Merit: Malta’s Citizenship Reset

Director Isobel Neilson and Manager Sophie Jo Wasson discuss Malta’s shift from citizenship by investment to merit-based naturalisation and outline what may contribute to a compelling application based on exceptional merit and national interest.

Learn more

Fragomen news

Letter to ICE/Student and Exchange Visitor Program on Curricular Practical TrainingLearn more

Blog post

Right to Work Changes from 1 October 2026: Why Employers Need to Act Now

Partner Naomi Goldshtein discusses the UK Right to Work changes taking effect from 1 October 2026 and what employers should do now to strengthen identity verification, workforce oversight and compliance across direct and extended worker populations.

Learn more

Awards

Senior Associate Tuğba Özyakup Appointed to Dutch Bar Legislative Committee on Immigration Law

Senior Associate Tuğba Özyakup has been appointed to the Dutch Bar’s Legislative Committee on Immigration Law, where she will contribute input and advice on proposed and existing immigration legislation.

Learn more

Media mentions

Global Mobility Lawyer: Fragomen expands US footprint with new Denver office

Fragomen has opened a new Denver office to strengthen its support for Colorado businesses navigating evolving immigration requirements and talent needs.

Learn more

Podcast

Insight & Impact - Episode 2: Why Data Matters

Canada Managing Partner Cosmina Morariu and Senior Director Leah L. Rogal discuss how immigration, demographic, labor market and economic data can help organizations interpret policy developments, anticipate talent needs and make more strategic workforce and mobility decisions.

Learn more

Blog post

The Narrowing Talent Pipeline: From International Student to Corporate America

Counsel Susan Steger discusses how recent immigration developments may affect the pathway from F-1 study and practical training through H-1B sponsorship and permanent residence for U.S. employers recruiting and retaining early-career international talent.

Learn more

Blog post

Right to Work Changes: What Do They Mean for Employers in Northern England?

Manager Ko Ito, Senior Immigration Consultant Danielle Barks, Associate Naureen Malik and Trainee Solicitor Amna Ali outline how the expanded UK Right to Work Scheme could affect employers in Northern England and the practical steps businesses can take ahead of the 1 October 2026 changes.

Learn more

Media mentions

Business Traveller: Six Months in, the EU’s Entry/Exit System Isn’t Working

Partner Christine Sullivan discusses the implementation of the EU’s Entry/Exit System (EES) across member states and at border crossing points.

Learn more

Blog post

Polish Citizenship by Descent: A Practical Guide for 2026

Poland Immigration Strategy Director Tomasz Rogala, Senior Associate Tomasz Rdzanek and Senior Immigration Consultant Paulina Fołta-Cisak discuss who may qualify for Polish citizenship by descent, how historical events can affect a claim and what applicants should expect from the 2026 confirmation process.

Learn more

Media mentions

ABC News: What Australia can learn from 165 years of migration data

Senior Counsel Anna Boucher is quoted in ABC News regarding Australia's migration debate and what more than 165 years of migration data reveals about long-term immigration trends.

Learn more

Blog post

Swiss Immigration Quotas 2026: Are Work Permit Quotas Likely to Run Out Before Year-End?

Senior Immigration Consultant Alessandra Rüede discusses Switzerland’s 2026 work permit quota utilisation and what current availability, canton-level allocation practices and processing considerations mean for employers planning international hiring and mobility.

Learn more

Blog post

From Investment to Merit: Malta’s Citizenship Reset

Director Isobel Neilson and Manager Sophie Jo Wasson discuss Malta’s shift from citizenship by investment to merit-based naturalisation and outline what may contribute to a compelling application based on exceptional merit and national interest.

Learn more

Fragomen news

Letter to ICE/Student and Exchange Visitor Program on Curricular Practical TrainingLearn more

Blog post

Right to Work Changes from 1 October 2026: Why Employers Need to Act Now

Partner Naomi Goldshtein discusses the UK Right to Work changes taking effect from 1 October 2026 and what employers should do now to strengthen identity verification, workforce oversight and compliance across direct and extended worker populations.

Learn more

Awards

Senior Associate Tuğba Özyakup Appointed to Dutch Bar Legislative Committee on Immigration Law

Senior Associate Tuğba Özyakup has been appointed to the Dutch Bar’s Legislative Committee on Immigration Law, where she will contribute input and advice on proposed and existing immigration legislation.

Learn more

Media mentions

Global Mobility Lawyer: Fragomen expands US footprint with new Denver office

Fragomen has opened a new Denver office to strengthen its support for Colorado businesses navigating evolving immigration requirements and talent needs.

Learn more

Podcast

Insight & Impact - Episode 2: Why Data Matters

Canada Managing Partner Cosmina Morariu and Senior Director Leah L. Rogal discuss how immigration, demographic, labor market and economic data can help organizations interpret policy developments, anticipate talent needs and make more strategic workforce and mobility decisions.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
September 15, 2026 | United StatesCDC Extends Entry Ban for Foreign Nationals Recently in DR Congo, Uganda, or South Sudan for An Additional 30 Days; U.S. Citizen Travel Restrictions Remain in Effect
September 17, 2026 | BahrainBahrain: Health Insurance Now Required for Dependents Applying for New Residence Permits
September 17, 2026 | European UnionEuropean Union: European Travel Information and Authorisation System (ETIAS) and Entry/Exit System (EES) Launch Status
September 16, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
September 15, 2026 | NetherlandsBusiness Traveller: Six Months in, the EU’s Entry/Exit System Isn’t Working
September 15, 2026 | United StatesCDC Extends Entry Ban for Foreign Nationals Recently in DR Congo, Uganda, or South Sudan for An Additional 30 Days; U.S. Citizen Travel Restrictions Remain in Effect
September 17, 2026 | BahrainBahrain: Health Insurance Now Required for Dependents Applying for New Residence Permits
September 17, 2026 | European UnionEuropean Union: European Travel Information and Authorisation System (ETIAS) and Entry/Exit System (EES) Launch Status
September 16, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
September 15, 2026 | NetherlandsBusiness Traveller: Six Months in, the EU’s Entry/Exit System Isn’t Working
September 15, 2026 | United StatesCDC Extends Entry Ban for Foreign Nationals Recently in DR Congo, Uganda, or South Sudan for An Additional 30 Days; U.S. Citizen Travel Restrictions Remain in Effect
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.