On May 19, 2025, the U.S. Supreme Court allowed the Trump administration to end Temporary Protected Status (TPS) for approximately 350,000 Venezuelans living in the United States. This decision reverses protections established under the previous administration. Many Venezuelan TPS holders could now experience loss of work authorization.
Effective Date of Venezuela TPS Termination
- The Department of Homeland Security (DHS) set the effective date for the termination of TPS for Venezuela as April 7, 2025.
- However, a subsequent federal court order paused the termination, and the United States Citizenship and Immigration Services (USCIS) announced an automatic extension of work authorization for Venezuelan TPS holders through April 2, 2026, pending ongoing litigation.
- As of May 20, 2025, the Supreme Court’s ruling means the administration may move forward with ending TPS, but the litigation and automatic extension remain in effect unless further action is taken.
2021 TPS Designation Unaffected (for Now): Venezuelan nationals with TPS under the 2021 designation are not affected by these changes and keep their status through September 10, 2025. However, no further extensions are expected after that date
No Immediate Changes:The Supreme Court’s recent decision does not immediately end work authorization or protections for Venezuelan employees with TPS under the 2023 designation. Their current status and employment eligibility remain valid for now.
Expect Updates Soon:DHS is expected to announce soon whether it will move forward with ending TPS and related benefits for Venezuelans under the 2023 designation. Employers should be prepared for possible changes and new guidance.
Ongoing Legal Case: The Ninth Circuit Court of Appeals will hear arguments about the legality of ending TPS for Venezuela in July. Until the court rules or DHS issues new instructions, current TPS protections under the 2023 designation remain in place.
