Supreme Court Clears the Way for DHS to Proceed with Termination of Venezuela’s 2023 TPS Designation

On May 19^th the U.S. Supreme Court handed the Trump administration a legal victory after the justices agreed to lift a lower court order that had previously stopped the President’s efforts to strip Venezuelans of deportation protections granted under Temporary Protected Status (TPS).

What is TPS?

Temporary Protected Status (TPS) is a humanitarian program allowing nationals of certain countries to remain in the United States temporarily, if the government has determined that it is unsafe for them to return to their home country for humanitarian reasons, such as armed conflict or a natural disaster.

It allows nationals of designated countries to live and work in the United States for a temporary period of time, during which they are protected from deportation. Those who qualify are given temporary employment authorization, which is automatically extended if the government extends their TPS validity period.

Biden’s Designation of Venezuela for TPS

The original TPS designation for nationals of Venezuela was issued on March 9, 2021, due to extraordinary conditions preventing their safe return to Venezuela (the 2021 designation). A separate re-designation was issued on October 3, 2023 (the 2023 designation).

Before leaving office, the Biden administration extended Venezuela’s 2023 designation for an additional period of 18 months, which was meant to last from, April 3, 2025, to October 2, 2026.

TPS beneficiaries who wished to extend their status through October 2, 2026, were required to re-register to continue to receive deportation protections and employment authorization from the U.S. government.

Trump Administration Moves to Vacate Venezuela’s 2023 TPS Designation

Shortly after the appointment of Kristi Noem as Trump’s new Secretary of Homeland Security, on the government announced that it would be rescinding the 2023 TPS designation for Venezuela and would not be extending these benefits.

As a result, the 2023 designation for Venezuela TPS and any associated TPS-related protection and documentation for beneficiaries would expire on April 7, 2025.

Venezuelans registered under the 2021 TPS designation would keep their TPS protection until September 10, 2025, and no further extensions would be granted.

These actions led to a series of lawsuits being filed in federal court by affected Venezuelans, including the case at issue (National TPS Alliance v. Noem, Case No. 3:25-cv-01766 (N.D. Ca., filed Feb. 19, 2025).

On March 31^st a federal judge in the Northern District of California blocked the government’s efforts to terminate Venezuela’s 2023 designation setting the stage for a legal showdown.

As expected, the Trump administration appealed the decision in the Ninth Circuit Court of Appeals and sought an emergency stay of the district court order from the U.S. Supreme Court.

Supreme Court Ruling Hands Trump Legal Victory

On May 19^th the justices voted 6-3 to lift the lower court’s order blocking the government from terminating Venezuela’s 2023 TPS designation.

The decision allows the Trump administration to end TPS protections for more than 348,000 Venezuelans currently in the U.S. under this designation, while the Ninth Circuit Court of Appeals rules on the legality of the termination.

Those who are impacted by the termination must seek the assistance of an immigration attorney as soon as possible to explore alternative legal options to remain in the United States.

Venezuela’s 2021 TPS Designation

This court order does not affect Venezuela’s 2021 TPS designation.

TPS will remain valid for current beneficiaries of the 2021 Venezuela TPS designation through September 10, 2025. A decision on whether to extend the 2021 designation must be made by DHS by July 12, 2025.

If DHS decides to terminate the designation by that date, the termination cannot take effect earlier than 60 days after the termination notice is published (and not earlier than September 10).

For any 2021 Venezuela TPS registrants who chose to register under the 2023 designation – as they were permitted to do under the now-vacated Venezuela TPS extension notice – the agency will restore their 2021 designation, and they will be subject to the 2021 designation validity dates.

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