Supreme Court Allows TPS Wind-Down to Proceed

Key Point 

• The Supreme Court granted a stay allowing the federal government to resume its plan to end Temporary Protected Status (TPS) for Venezuelans 

TPS for Venezuelan Nationals 

On October 3, 2025, the U.S. Supreme Court granted a stay in Noem v. National TPS Alliance (25A326), allowing the Department of Homeland Security (DHS) to proceed with terminating Venezuela’s 2023 Temporary Protected Status (TPS) redesignation. This reverses a lower court ruling that had temporarily reinstated protections through October 2026.

What is TPS?

TPS offers work authorization and protection from removal to eligible nationals of countries facing extraordinary conditions. Venezuela was first designated for TPS in 2021, and DHS expanded eligibility in 2023 to include Venezuelans who arrived in the U.S. by July 31, 2023.

Court Reaffirms Prior Stay Amid Dissent

The Supreme Court’s order did not include a written opinion, but it referenced a prior stay issued in May 2025, indicating that the legal circumstances remain unchanged. Justice Ketanji Brown Jackson dissented, expressing concern over the humanitarian impact of the decision.

With the stay now in effect, DHS may resume enforcement actions against individuals who were covered under the 2023 redesignation, including initiating removal proceedings. The broader legal challenge to DHS’s authority to terminate TPS is still ongoing.

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