TPS for Venezuela After Sept. 5 District Court Decision: TPS Holders Must Re-Register By Sept. 10
On Friday, September 5, 2025, a federal judge in San Francisco ruled the Trump administration’s termination of Venezuelan and Haitian TPS is illegal. The decision allows all Venezuelan TPS holders to extend TPS and related work authorization until October 2, 2026, pursuant to the Biden-era January 17, 2025, extension. This includes all Venezuelan TPS holders– whether they first registered for TPS in 2021 or 2023.
However, in order to receive this Biden-era extension, Venezuelan TPS holders who have not already re-registered MUST RE-REGISTER IMMEDIATELY– BEFORE WEDNESDAY, SEPTEMBER 10, 2025.
While the administration is expected to appeal this decision and has issued a formal notice ending TPS for 2021 designation TPS holders, we currently believe that re-registering before September 10 will provide the best claim for continued TPS until October 2026.
We celebrate this hard-fought victory.
Under the September 5, 2025, district court order, TPS remains valid for all Venezuelan TPS holders. However, TPS holders must re-register for TPS by September 10, 2025, to remain in valid TPS status and keep related work authorization.
Under the September 5, 2025, district court order, TPS related work authorization will be automatically extended for all Venezuelan TPS holders until April 2, 2026.
For TPS holders who have already re-registered for TPS, TPS and related work authorization will remain valid through October 2, 2026, unless a later court decision states otherwise.
On September 8, 2025, DHS issued a Federal Register notice terminating Venezuelan TPS, effective November 7, 2025, at 11:59pm.
This DHS notice contradicts the federal judge order of September 5, 2025, that decided the Trump administration’s decision to end Venezuelan TPS is unlawful.
We will provide updates as more information becomes available. IN THE MEANTIME, IT IS IMPORTANT TO RE-REGISTER FOR TPS BY SEPTEMBER 10, 2025.
No. Employers should not require re-verification for recipients of Venezuelan TPS until November 7, 2025, as of now. We will keep you updated on further developments.
For TPS holders who have already re-registered for TPS, TPS and related work authorization will remain valid through October 2, 2026, unless a later court decision states otherwise.
- If you are represented by a union, contact your Union Representative. Your union can bargain with your employer for an unpaid leave of absence, severance pay, or other separation benefits.
- Contact a trusted immigration attorney immediately. Beware of “notarios” or scammers. Find a reputable legal service provider near you.
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It is important for you to immediately seek legal advice if you have questions about how this decision may impact you or your loved ones and to help you determine if you have any other immigration relief you may be eligible for, such as asylum. Beware of “notarios” or scammers. Find a reputable legal service provider near you.
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