Ninth Circuit Blocks TPS Deportation Stay in November 2026
Hundreds of thousands of TPS holders got a critical legal reprieve in November 2026. The Ninth Circuit Court of Appeals denied the federal government's request to pause a court order that had been blocking deportations of people with Temporary Protected Status — meaning that protection stayed in place even after the Supreme Court's own temporary stay expired on November 6, 2026. The case, National TPS Alliance v. Mullin, is still ongoing.
What if the government was days away from deporting you — and a federal court just said no? That is exactly what happened for hundreds of thousands of TPS (Temporary Protected Status) holders in early November 2026. The Ninth Circuit Court of Appeals denied the government's motion to stay a district court injunction that had been protecting TPS holders from removal.
What the court decided
The case is National TPS Alliance v. Mullin, and it has a complicated history. In October 2026, the Supreme Court granted certiorari — meaning it agreed to hear the case — vacated the Ninth Circuit's earlier ruling, and sent it back for reconsideration. That same day, the government asked the Ninth Circuit to immediately stay (pause) the district court's preliminary injunction, which had been blocking deportations of TPS holders. The government wanted that stay to take effect on November 6, 2026, when the Supreme Court's own temporary stay of the injunction was set to expire. On November 3, 2026, a three-judge Ninth Circuit panel — Judges Wardlaw, Mendoza, and Johnstone — denied that request. The court also denied the government's backup request for an administrative stay of at least 21 days.
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The practical result: the district court's preliminary injunction blocking TPS deportations remained in force after November 6, 2026, when the Supreme Court's stay expired. The Ninth Circuit said it would set an expedited briefing schedule to address the full merits of the case. That means the legal fight is far from over — the court still needs to decide the underlying question of whether the TPS terminations were lawful in the first place. Attorneys from the ACLU, UCLA School of Law, and the National Day Laborer Organizing Network represent the TPS holders in this case. Sixteen state attorneys general, including those of California and New York, filed briefs supporting the plaintiffs.
What to do
- If you hold TPS and received a notice about your status ending, do not assume you must leave. The injunction blocking deportations was still in effect as of November 2026 — but check with an immigration attorney for your specific situation, because this case is still moving through the courts.
- Keep all documents related to your TPS approval, work permit (EAD), and any government notices. You may need them if your case is reviewed.
- Follow updates on National TPS Alliance v. Mullin through official court records or a trusted immigration legal organization, since the Ninth Circuit will issue further orders on an expedited schedule.
- If you have a removal order or received any communication from ICE, contact an immigration lawyer immediately — do not wait for the next court ruling.
A full breakdown of this topic — in our guide “Appealing to the BIA”.
Fishkin Law Firm, New York
TPS holders should understand that a preliminary injunction is not a permanent fix — it can be lifted at any stage of litigation, including after the Ninth Circuit completes its expedited review. If you have a final order of removal or received an ICE notice, the injunction may not automatically protect you from enforcement, and you need individualized legal advice immediately. Do not rely on news coverage alone to assess your risk; consult a licensed immigration attorney who can review your specific record.
Frequently Asked Questions
Does the Ninth Circuit's ruling mean TPS holders are safe from deportation?
For now, the district court's preliminary injunction blocking TPS deportations remained in force after November 6, 2026. But this is not a final decision — the Ninth Circuit still has to rule on the full merits of the case, and the Supreme Court could weigh in again. Your individual situation may differ, so speak with an immigration attorney.
What is a preliminary injunction and why does it matter for TPS?
A preliminary injunction is a court order that temporarily stops a government action while a lawsuit is decided. In this case, it blocked the government from ending TPS protections and deporting TPS holders while the legal fight continues. It is not a permanent ruling — it can be changed or lifted as the case moves forward.
What happens next in the National TPS Alliance v. Mullin case?
The Ninth Circuit said it would set an expedited briefing schedule to decide the underlying legal question: whether the government's termination of TPS was lawful. That process will take some time, but it will move faster than a normal appeal. The Supreme Court may also get involved again once the Ninth Circuit rules.
I have TPS but also received a removal order. Does this ruling protect me?
Not necessarily. A preliminary injunction in a class-action case does not automatically cancel an individual removal order. If you have a final order of removal, you face a different and more urgent legal situation. Contact an immigration lawyer right away — do not wait for the next court ruling.