A recent federal court decision has temporarily halted plans to end Temporary Protected Status (TPS) for hundreds of thousands of Venezuelans living in the United States. This ruling offers a critical reprieve for many individuals whose legal ability to remain and work in the country was at risk of being stripped away as early as April 2025.
Background on Venezuela’s TPS Designations
TPS was originally created by Congress in 1990 to provide humanitarian protection to nationals of countries facing extraordinary conditions such as armed conflict, natural disasters, or other crises that would make return unsafe. Venezuelan nationals became eligible for TPS in 2021 due to the country’s ongoing humanitarian emergency marked by political instability, economic collapse, food insecurity, and widespread human rights violations.
In 2023, a second designation was issued, expanding protections to Venezuelans who arrived more recently These two designations—2021 and 2023—have operated concurrently, with different eligibility dates and expiration timelines.
On January 17, 2025, then-Secretary of Homeland Security Alejandro Mayorkas extended both designations through October 2, 2026. But this decision was soon reversed by incoming Secretary Kristi Noem, who vacated the extension and initiated the termination of the 2023 designation effective April 7, 2025.
Federal Court Halts DHS Move to Strip TPS
On March 29, 2025, Judge Edward Chen of the U.S. District Court in Northern California issued an emergency injunction pausing the Department of Homeland Security’s decision to end TPS for Venezuelan nationals. His order came in response to lawsuits arguing that the administration’s actions would inflict severe harm on TPS holders and their families, while also damaging the U.S. economy and public health.
Judge Chen wrote that the termination would “inflict irreparable harm on hundreds of thousands of persons whose lives, families, and livelihoods will be severely disrupted,” adding that the move could cost the country billions in economic activity. He also cited public safety concerns and questioned the motivations behind the policy shift, noting derogatory statements made by officials that suggested discriminatory intent.
The court gave the federal government one week to file a notice of appeal. The plaintiffs also have one week to seek relief for Haitian TPS holders, whose protections are set to expire in August 2025.
Who Is Affected by the Ruling?
The immediate impact of the ruling affects roughly 350,000 Venezuelans whose TPS under the 2023 designation was set to expire on April 7, 2025. These individuals, many of whom arrived in the U.S. after March 8, 2021, now face a temporary reprieve while the legal process unfolds.
For those under the original 2021 designation, protections remain in place until at least September 10, 2025. However, Employment Authorization Documents (EADs) linked to this group are only automatically extended through March 10, 2025. TPS holders in this category must take action to renew their work permits or present appropriate receipts to remain employed lawfully.
TPS, EADs, and I-9 Compliance: What Employers Need to Know
The situation presents unique challenges for U.S. employers. With two overlapping TPS designations for Venezuela, each with different expiration dates and EAD timelines, verifying employment authorization has become more complex.
For example, EADs tied to the 2021 designation are automatically extended to March 10, 2025. After this date, employers must reverify the documentation under Form I-9 requirements. Venezuelan employees who applied for renewal before the expiration can present a receipt notice along with their expired EAD, which will be valid for up to 180 days.
For individuals under the 2023 designation, EADs expire on April 2, 2025, and unless they qualify under the earlier TPS or another immigration status, they will lose their legal ability to work. Employers should carefully examine work authorization documents, avoid making assumptions based on card appearance, and consult E-Verify and USCIS guidance as needed.
Legal and Political Implications
The DHS has claimed that its decision to end TPS was not based on changed conditions in Venezuela but rather on the belief that allowing nationals to remain is no longer in the national interest. Critics argue this rationale is politically motivated and overlooks the dire humanitarian situation in Venezuela, which continues to prevent safe return.
Moreover, Judge Chen found evidence suggesting that racial bias may have played a role in the administration’s policy, further complicating the legal landscape. Advocacy groups, including the National Day Laborer Organizing Network, have vowed to continue fighting for all TPS recipients, with co-director Pablo Alvarado stating, “We’re not going to throw anyone under the bus… everyone is deserving.”
Looking Ahead
This decision is far from the final word. While the injunction offers temporary relief, the outcome will ultimately depend on the appeals process and ongoing litigation. For now, affected Venezuelan TPS holders should stay informed, renew documentation promptly, and consult with immigration counsel regarding their individual options.
Employers are also encouraged to carefully monitor developments, maintain compliance with I-9 requirements, and ensure that affected employees are treated fairly and lawfully during this uncertain period.
Stay Updated
For the most recent updates on Venezuela TPS and employment verification guidance, visit the USCIS TPS Page for Venezuela and follow announcements from the Department of Homeland Security. Given the rapidly evolving situation, staying informed is essential for both individuals and employers navigating these complex changes.
If you or someone you know is affected by the recent changes to TPS for Venezuelans, our experienced immigration attorneys are here to help. We can assist with status reviews, employment authorization renewals, and exploring alternative immigration options. Contact Berardi Immigration Law today to schedule a consultation and get the guidance you need.
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