In January 2025, the Trump Administration tried to end Temporary Protected Status for Venezuelans who registered under the 2023 designation. The Biden administration had previously announced an extension.
TPS stakeholders filed a lawsuit to enjoin the Trump administration from ending TPS and the district court judge issued a nationwide injunction, preventing the government from ending TPS while the lawsuit was being decided. However, the administration appealed that injunction, and last week the Supreme Court of the United States granted a stay of the district court judge’s order. Thus, the government will be able to terminate the 2023 designation of TPS for Venezuela at this time while the lawsuit is pending. The courts have not issued a final decision on whether the termination of TPS for Venezuela is lawful.
Many questions remain. For example, the U.S. Citizenship and Immigration Services website, although updated with the Supreme Court decision, still states that Venezuelan TPS holders must reregister before September 10, 2025 and that employment authorization documents are extended until April 2, 2026, while TPS status is extended until October 2, 2026. That information may change based on the recent decision.
Individuals who have TPS under the 2023 designation for Venezuela should follow developments closely and consider reregistering before September 10, 2025 if the information on the USCIS website does not change. Perhaps the government will hold these applications in abeyance while the case is decided.
For employers of Venezuelans with TPS, the validity of employment authorization documents until April 2, 2026 is in question.