On May 19, 2025, the U.S. Supreme Court ruled in favor of the Department of Homeland Security’s (DHS) request to stay a federal district judge’s order, blocking the department from implementing its previously issued April 2025 termination date for Venezuela’s Temporary Protected Status (TPS) designation.
On January 17, 2025, then-DHS Secretary Alejandro Mayorkas extended Venezuela’s original TPS expiration date through October 2, 2026, for both the 2021 and 2023 designations. On January 28, 2025, newly appointed DHS Secretary Kristi Noem vacated the extension, moving expiration of the 2023 designation to April 2, 2025 (work authorization) and April 7, 2025 (TPS benefits) and retaining the 2021 designation as valid through September 10, 2025. Immediate legal challenges resulted in an order blocking DHS from implementing the termination, followed by a subsequent request to the U.S. Supreme Court for an order staying the blocking order.
What Does it Mean
The U.S Supreme Court’s May 19, 2025, decision effectively allows DHS to move forward in terminating Venezuela’s 2023 TPS designation, leaving the eligibility status of those working under the 2023 TPS in limbo. Information released by DHS as of May 28, 2025, states only that “further updates regarding TPS Venezuela” will be posted and that the September 10, 2025, expiration date remains in effect.
Until further guidance is provided, employers should continue to monitor updates on the U.S. Citizenship and Immigration Services website, consult legal counsel as needed, and remain flexible in response to this evolving compliance landscape.