Supreme Court Ruling Allows Termination of TPS for Venezuela to Resume

Update: Ninth Circuit Court Reinstates TPS Protections

Following the Supreme Court’s ruling, a new decision from the U.S. District Court for the Northern District of California has temporarily reinstated TPS protections under the 2023 designation for Venezuela. Learn more about the court’s order and its impact on employment authorization here.

May 23, 2025 TPS Background for 2023 TPS Protections for Venezuelan Nationals

A U.S. Supreme Court decision has opened the door for the Department of Homeland Security (DHS) to move forward with its planned termination of the 2023 designation of Temporary Protected Status (TPS) for Venezuela.

A federal district court decision had previously paused the termination of TPS for Venezuela, allowing individuals covered by the 2023 TPS designation to retain their work authorization and protection from deportation for the duration of the court order. With the Supreme Court’s ruling, these protections, which were previously set to terminate April 7, are immediately at risk. U.S. Citizenship and Immigration Services (USCIS) has stated that further updates will be published on its webpage.

Background

In March 2021, DHS Secretary Mayorkas first designated Venezuela for TPS from March 9, 2021, through September 9, 2022. DHS extended the 2021 designation on Oct. 3, 2023, for another 18 months.

The extension ran from March 11, 2024, to Sept. 10, 2025. In parallel with the extension of the 2021 designation, DHS also redesignated Venezuela for another 18-month period, from Oct. 3, 2023, through April 2, 2025, which was again extended by the Biden administration through Oct. 2, 2026.

On Feb. 1, 2025, DHS Secretary Noem decided to terminate the 2023 designation, effective April 7, 2025. This decision was challenged in district court and paused until the Supreme Court’s ruling.

What This Means for Venezuelan TPS Holders

USCIS has confirmed that the 2021 designation remains in effect through September 10, 2025. TPS beneficiaries under this designation will retain their employment authorization through April 2, 2026, unless otherwise terminated. Venezuelans with TPS under the 2023 designation should seek immediate immigration counsel.

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