On March 31, 2025, the U.S. District Court for the Northern District of California issued an order postponing U.S. Department of Homeland Security’s (DHS) termination of the October 2023 Temporary Protected Status (TPS) designation for Venezuela. The order provides temporary relief for approximately 350,000 Venezuelan TPS holders who were set to lose TPS benefits and protections on Monday, April 7, 2025.
What is TPS?
TPS is a temporary immigration benefit that may be granted to nationals of a designated foreign country, or to eligible individuals without a nationality who last habitually resided in that country. DHS may designate a foreign country for a period of TPS due to extraordinary and temporary conditions that would prevent the safe return of individuals to their home country from the United States. Armed conflict, environmental disaster, epidemic, or other extraordinary and temporary conditions may warrant TPS designation.
TPS allows nationals of a designated country to remain in the U.S. without risk of being detained or deported, even if they entered the U.S. unlawfully. Certain criminal convictions or security concerns render applicants ineligible for TPS.
TPS beneficiaries may apply for work authorization (Employment Authorization Document or EAD), and advance parole for temporary travel outside the U.S.
When was TPS designated for Venezuela?
There are two separate TPS designations for Venezuela.
Initially, DHS designated TPS for Venezuela in March 2021 (Venezuela 2021). DHS extended the designation twice, each time for 18 months, in 2022 and again in 2023. The 2021 designation was extended until September 10, 2025.
Separately, in 2023, DHS redesignated the program (Venezuela 2023). The initial 18-month redesignation period was set to expire in April 2025.
As reported in our previous alert, on January 17, 2025, former DHS Secretary Alejandro Mayorkas published a Federal Register notice announcing the extension of the 2023 Venezuela TPS for an additional 18 months, from April 3, 2025, to October 2, 2026.
Under the January 17th notice, all eligible Venezuela TPS beneficiaries (2021 and 2023 designations) are eligible for TPS benefits through October 2, 2026. Eligible TPS holders who re-register for TPS between January 17, 2025 and September 10, 2025 receive an automatic extension of their TPS EAD through April 2, 2026. If the TPS re-registration is approved, work authorization will be extended until October 2, 2025.
What action did the new administration take regarding Venezuela’s TPS designation?
On February 3, 2025, the newly appointed DHS Secretary Kristi Noem vacated the January 17th TPS (2023) extension and on February 5, 2025, Secretary Noem terminated the 2023 TPS designation for Venezuela. These actions would end TPS protections for around 350,000 Venezuelan TPS holders effective April 7, 2025.
Secretary Noem’s notice of termination states that the decision to terminate the 2023 designation was based on review of conditions in Venezuela and the administration’s determination that permitting Venezuelan TPS holders to temporarily remain in the U.S. is contrary to the national interests of the U.S. The Federal Register notice concluded that Venezuela no longer continues to meet the conditions for the 2023 TPS designation.
DHS Secretary Noem confirmed that the 2021 TPS designation remains in effect until September 10, 2025.
How was DHS’s termination of the 2023 TPS designation challenged?
In February 2025, several Venezuelan TPS holders together with the National TPS Alliance, a member-led organization, challenged Secretary Noem’s actions in federal court. The lawsuit argues, in part, that DHS violated the Administrative Procedure Act (APA) by failing to follow the proper procedures and rules in reaching their decision to terminate the grant of TPS.
On March 31, 2025, U.S. district court judge Edward M. Chen granted an emergency stay of the Venezuela 2023 TPS termination, pending further litigation. The federal government has until April 7, 2025, to challenge the court’s order.
What is the status of TPS designation for Venezuela?
On April 2, 2025, U.S. Citizenship & Immigration Services (USCIS) confirmed that the agency is complying with the federal court order regarding the 2023 Venezuela TPS termination, until it obtains relief from the court order. As a result, for now, USCIS is following the January 17, 2025 Federal Register notice, which extends Venezuelan TPS designation until October 2, 2026. The TPS re-registration period is open until September 10, 2025.
Individuals who re-register for TPS are eligible for an automatic extension of their work authorization. Specifically, TPS EADs with category A12 or C19 and an expiration date of September 10, 2025; April 2, 2025; March 10, 2024; or September 9, 2022, are automatically extended through April 2, 2026, unless DHS obtains relief from the March 31, 2025 court order. USCIS also confirmed that SAVE (Systematic Alien Verification for Entitlements), the agency’s online immigration status verification service for government benefits applications such as drivers licenses, is following the January 17, 2025 Federal Register notice. USCIS’s SAVE will be able to verify an applicant’s grant of Venezuelan TPS or pending TPS application and employment authorization.
The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
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