On October 3, 2025, the U.S. Supreme Court ended the Temporary Protected Status (TPS) benefits granted to Venezuelan nationals.
By granting the administration's emergency petition, the Court suspended the district court's September 5, 2025, final order (following a Ninth Circuit appellate decision upholding the lower court's preliminary relief granted on March 31, 2025) ruling that DHS lacked the authority to vacate TPS benefits for Venezuelan nationals and allowing the 2023 TPS designation to continue through October 2, 2026.
Although the case remains in the appellate circuit following the Court order, the termination of TPS benefits for Venezuelan nationals for the year 2023 is temporarily reinstated to April 7, 2025,1 while the TPS granted in 2021 is scheduled to end on November 7, 2025.
Given the intricacies associated with the judicial process in this case, it is advisable for employers to seek legal counsel in order to thoroughly understand the implications of these rulings, enabling them to take appropriate measures regarding their workforce.
The Trump administration has enacted significant policy changes impacting inpiduals authorized to work under various immigration programs, including TPS, humanitarian parole, and the CHNV programs. We created a chart intended to assist employers in determining the work authorization status of employees who have presented an Employment Authorization Document (EAD) issued by the DHS under one of these programs.
Footnote
1. April 7, 2025 is the original termination date of the 2023 Venezuelan TPS as announced by the DHS Secretary on February 5, 2025. The April 7, 2025 expiration date is not legally final, but its enforcement is temporarily reinstated due to the Supreme Court's stay.
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.
