Key Points
- The US Supreme Court has cleared the way for DHS to terminate the 2023 TPS designation for Venezuela.
- USCIS states that the 2021 TPS designation remains valid through September 10, 2025.
- Venezuelan TPS holders under the 2023 designation may lose protection unless further legal action is taken.
Overview
In May 2025, the US Supreme Court issued a ruling that allows the Department of Homeland Security (DHS) to proceed with its decision to end the 2023 Temporary Protected Status (TPS) designation for Venezuela. This ruling overturns a lower court decision that had paused the termination, placing thousands of Venezuelan TPS beneficiaries at immediate risk of losing their work authorization and deportation protections.
TPS was initially designated for Venezuela in March 2021 and extended in October 2023 for 18 months, running from March 11, 2024, to September 10, 2025. In parallel, the DHS redesignated TPS for Venezuela, effective October 3, 2023, with an original expiration date of April 2, 2025, which was later extended through October 2, 2026, by the Biden administration.
However, on February 1, 2025, DHS Secretary Kristi Noem moved to terminate the 2023 designation, with an effective date of April 7, 2025. A federal district court temporarily blocked this termination until the Supreme Court’s decision removed the injunction.
While TPS protections under the 2021 designation remain in effect through September 10, 2025, with work authorization valid until April 2, 2026, individuals covered only under the 2023 redesignation now face urgent immigration uncertainty.
USCIS has indicated that additional guidance will be posted on its official TPS webpage. Venezuelan nationals with Temporary Protected Status (TPS) should consult with immigration counsel immediately to evaluate their options and ensure continued compliance.
Looking Ahead
This ruling significantly narrows the scope of TPS protections for Venezuelan nationals and may set a precedent for how redesignations are challenged or terminated in the future. Affected individuals are encouraged to monitor updates from USCIS and DHS closely and to seek legal advice to determine eligibility for alternate forms of relief. Employers and HR professionals should verify employee documentation and prepare for possible changes in work authorization status among Venezuelan employees.
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.
