TPS for Venezuela After Supreme Court and Federal District Court Decisions: What You Should Know
On Monday, May 19, 2025, the Supreme Court of the United States granted DHS’ request to block a lower court order that protected around 350,000 Venezuelan TPS holders from deportation while the court case continued– those who entered the U.S. as of July 31, 2023 (and were granted TPS pursuant to the 2023 designation). However, the Supreme Court added an important exception to who may lose TPS protections, stating that the DHS decision to end TPS may not affect TPS holders who applied for an extension of TPS until October 2, 2026. On May 30, 2025, the federal District Court agreed and ordered that those who received TPS-related documentation with an expiration date of October 2, 2026, should keep their TPS and work authorization while the court case continues. Please find below additional details.
What is the status of TPS for Venezuela?
For TPS holders who have lived in the U.S. since July 31, 2023, whose TPS and related work authorization was set to end on April 7, 2025, DHS announced that their TPS and related work authorization has ended, but there is an important exception if they applied for and have proof of having filed an application for an extension of TPS until October 2, 2026. (Please see more below.)
For TPS holders who have lived in the U.S. since July 31, 2023, and received TPS-related documentation with an expiration date of October 2, 2026 on or before February 5, 2025, their TPS and related work authorization will remain valid through October 2, 2026, unless a court decision states otherwise.
For current TPS holders who have lived in the U.S. on or before March 8, 2021, TPS remains in effect (pursuant to the 2021 designation) until September 10, 2025, for now.
What Will Happen to My Work Authorization?
For TPS holders who have lived in the U.S. since July 31, 2023, their TPS-related work authorization has ended, but there is an important exception if they applied for and have proof of having filed an application for an extension of TPS until October 2, 2026. This does not affect any work authorization pursuant to other pending/approved immigration relief, such a pending asylum case.
For TPS holders who have lived in the U.S. since July 31, 2023, and received TPS-related documentation with an expiration date of October 2, 2026 on or before February 5, 2025, their TPS and related work authorization will remain valid through October 2, 2026, unless a court decision states otherwise.
For current TPS holders who have lived in the U.S. on or before March 8, 2021, TPS-related work authorization remains valid through September 10, 2025, for now.
What If I Applied for and Received an Extension of My TPS Until October 2, 2026, Pursuant to the Biden-era DHS extension?
The Supreme Court ruling stated that the DHS decision to end TPS may not affect TPS holders who applied for a Biden-era extension of TPS until October 2, 2026 and the lower federal District Court agreed. On May 30, 2025, the federal judge ordered that Venezuelan TPS holders who have lived in the U.S. since July 31, 2023 and applied for and received an Employment Authorization Document; Form I-797, Notice of Action; and Form I-94, Arrival/Departure Record with an October 2, 2026 expiration date on or before February 5, 2025 will preserve their TPS and related work authorization while the court case continues.
What if my employer asks me to prove my work authorization?
For TPS holders who have lived in the U.S. since July 31, 2023: If your employer asks, and you have work authorization pursuant to another form of immigration relief, such as a pending asylum claim, you can show them your valid work permit. If you are represented by a union, contact your Union Representative.
For TPS holders who have lived in the U.S. since July 31, 2023, and received TPS-related documentation with an expiration date of October 2, 2026 on or before February 5, 2025: If your employer asks, you can show them your work permit, the receipt notice you received when you applied for a new work permit (Form I-797, Notice of Action); or your I-94, Arrival/ Departure Record which demonstrates your TPS and related work authorization remains valid through October 2, 2026.
For current TPS holders who have lived in the U.S. on or before March 8, 2021: If your employer asks, you can show them your expired work permit or the receipt notice you received when you applied for a new work permit (Form I-797, Notice of Action); receipt notice showing your TPS re-registration was timely filed between January 10, 2024 – March 10, 2024; and the Feb. 5, 2025 FRN, stating that the 2021 designation remains valid until at least September 10, 2025.
What Do I Do If My TPS and Work Authorization End?
- If you are a union member, 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. TPS holders without a lawful basis to remain in the U.S. or alternate immigration relief are vulnerable to ICE detention, arrest, and even risk facing deportation. Please immediately consult with a trusted immigration attorney. Beware of “notarios” or scammers. Find a reputable legal service provider near you.
What Happens Next In the Lawsuit?
The court case led by the National TPS Alliance and several TPS recipients continues, National TPS Alliance v. Noem, No. 3:25-cv-01766 (N.D. Cal.). They are represented by the American Civil Liberties Union Foundation of Northern California, the American Civil Liberties Union Foundation of Southern California, the National Day Laborer Organizing Network, and the Center for Immigration Law and Policy at University of Los Angeles School of Law.
Latest update: On May 30th, the U.S. District Court, Northern District of California ordered that Venezuelan TPS holders who have lived in the U.S. since July 31, 2023, and received TPS-related documentation with an expiration date of October 2, 2026 on or before February 5, 2025, can preserve their status and work authorization while the court case continues. There has not been a decision on the merits of the case altogether (the administration’s ability to terminate TPS for Venezuelans) and the court case continues.
Seek Legal Advice From a Reputable Legal Service Provider
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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QUICK LINKS
- What is the status of TPS for Venezuela?
- What Will Happen to My Work Authorization?
- What If I Applied for and Received an Extension of My TPS Until October 2, 2026, Pursuant to the Biden-era DHS extension?
- What if my employer asks me to prove my work authorization?
- What Do I Do If My TPS and Work Authorization End?
- What Happens Next In the Lawsuit?
