On May 19, 2025, the U.S. Supreme Court granted the Justice Department's request to lift U.S. District Court Judge Edward Chen's March 31 order halting the Department of Homeland Security's (DHS) rescission of Temporary Protected Status (TPS) for approximately 350,000 Venezuelans.
Under the rescission, announced in a Federal Register Notice on Feb. 5, 2025, Venezuelans who registered for TPS under former DHS Secretary Alejandro Mayorkas' October 3, 2023, designation of Venezuela for TPS, would have lost their TPS-based work authorizations on April 2, 2025, while TPS itself would have expired on April 7, 2025.
While the language of the Federal Register Notice indicates that Venezuelan TPS holders who registered under the 2023 designation will no longer be work authorized, the Supreme Court specifically noted that its Miscellaneous Order (05/19/2025) does not preclude challenges to any DHS actions that seek to invalidate TPS documents, including work authorizations, with an Oct. 3, 2026 expiration date.
DHS has not yet provided guidance regarding the status of TPS holders who registered under the Oct. 3, 2023, designation and remained employed in the United States beyond April 2, 2025.
DHS has also not provided guidance on the status of TPS holders who registered under the initial May 9, 2021, Venezuela TPS designation. Under the Federal Register Notice, the TPS of individuals who registered under the 2021 designation expires Sep. 10, 2025.
Representatives Maria Salazar (R-FL) and Debbie Wasserman Schultz (D-FL) recently introduced the bipartisan Venezuela TPS Act of 2025, which, if enacted, would provide an 18 month extension of TPS, and a renewal option, for all Venezuelans currently in the United States.
Jackson Lewis attorneys will continue to monitor the situation and provide updates as they become available.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
