The United States Supreme Court has blocked a lower court’s order that had delayed the Department of Homeland Security’s plan to end the 2023 Temporary Protected Status (TPS) designation for Venezuela. The termination, originally scheduled for April 7, may now proceed as planned. Beneficiaries of the 2021 Venezuela TPS designation will retain their protected status until September 10, 2025.
Temporary Protected Status (TPS) designation
Temporary Protected Status (TPS) is a humanitarian program in the United States that grants temporary protection from deportation and work authorization to eligible nationals of certain countries experiencing armed conflict, natural disasters, or other extraordinary conditions. TPS does not lead to permanent resident status but allows individuals to live and work legally in the United States for designated periods, which can be extended by the Department of Homeland Security (DHS).
Supreme Court’s decision
On January 17, 2025, then-DHS Secretary Mayorkas extended Venezuela’s Temporary Protected Status (TPS) for 18 months—from April 3, 2025, to October 2, 2026—covering both the 2021 and 2023 designations. Beneficiaries had to re-register between January 17 and September 10, 2025, and received an automatic extension of work authorization through April 2, 2026.
However, on January 28, new DHS Secretary Noem revoked that extension. This restored the original Venezuela TPS expiration dates: April 2, 2025, for the 2023 designation and September 10, 2025, for the 2021 designation. She later confirmed that TPS under the 2023 designation would end on April 7, 2025, and required employers to reverify affected workers’ employment authorization by that date. A decision on the 2021 designation is expected by July 2025. DHS also paused processing of TPS re-registrations for Venezuela.
Several lawsuits were filed challenging the DHS Secretary’s actions. On March 31, 2025, the US District Court for the Northern District of California entered an order postponing the 2023 termination in National TPS Alliance v. Noem (Case No. 3:25-cv-01766). The Trump Administration subsequently filed an emergency application to the US Supreme Court, arguing that it held the sole authority over immigration disputes such as TPS of Venezuelans.
The Supreme Court granted the emergency application, which will remain in place until the Ninth Circuit Court of Appeals decides on the legality of the termination. In the meantime, the Department of Homeland Security (DHS) is permitted to move forward with ending the 2023 designation and is expected to issue guidance on how it will proceed.
Current status
TPS for current beneficiaries of the 2021 Venezuela designation remains in effect through September 10, 2025. DHS must decide by July 12, 2025, whether to extend or end the designation. If it opts to terminate, the earliest effective date would be 60 days after the notice is published—and no sooner than September 10. According to DHS, if no decision is made by July 12, the designation will automatically extend for six months.
For more information, you can visit Temporary Protected Status Designated Country: Venezuela | USCIS
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Manish Daftari
Partner
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