Key Points
- A federal judge halted the termination of Temporary Protected Status (TPS) for Venezuelans designated in 2023.
- The decision preserves employment authorization and protection from removal through April 2, 2026.
- Employers must verify or reverify Form I-9 documentation to reflect the automatic extension of TPS.
Temporary Protected Status for Venezuelans Extended Amid Ongoing Lawsuit
On March 31, 2025, US District Judge Edward Chen granted a motion to postpone the decision to vacate Venezuela’s 2023 designation for Temporary Protected Status (TPS). The decision halts the termination of TPS for Venezuelans while the lawsuit proceeds, allowing individuals covered by the 2023 TPS designation to retain their work authorizations and protections for the duration of the court order. The protections were previously set to expire on April 7, 2025.
Judge Chen found that the decision to terminate TPS violated the Administrative Procedure Act and the Equal Protection Clause, citing potentially irreparable harm to hundreds of thousands of individuals and significant economic and social impacts.
Background on TPS for Venezuelan Nationals
In March 2021, Secretary Mayorkas first designated Venezuela for TPS from March 9, 2021, through September 9, 2022. Department of Homeland Security (DHS) extended the 2021 Designation a second time on October 3, 2023, for another 18 months. The extension of TPS for Venezuela lasted from March 11, 2024, to September 10, 2025.
Alongside this second extension of the 2021 designation, the Department of Homeland Security (DHS) redesignated Venezuela for an additional 18-month period, spanning October 3, 2023, to April 2, 2025. The Biden Administration extended this designation again, with protections continuing through October 2, 2026. On February 1, 2025, Secretary Noem terminated the 2023 Designation, effective April 7, 2025.
What it Means for Venezuelan TPS Holders
Venezuelan nationals on TPS under the 2023 designation will retain their employment authorization through April 2, 2026, unless otherwise decided in court. The government has appealed Judge Chen’s decision to the Ninth Circuit Court of Appeals.
What it Means for Employers
Since the court order reinstates TPS work authorization under the extension by the Biden Administration, Venezuelan TPS beneficiaries with expired or expiring work authorization (Employment Authorization Document (EAD) with expiration dates of April 2, 2025, March 10, 2024, or September 9, 2022) must have their employment authorization verified or reverified on Form I-9 to work beyond April 2, 2025, through the automatic extension until April 2, 2026.
Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. If you want guidance on how this information may impact your particular situation and are a client of the Corporate Immigration Partners, PC, consult your attorney. If you are not a CIP client, consult another qualified professional. This website does not create an attorney-client relationship with CIP.
