Quick Hits

• On March 31, 2025, a U.S. district court judge issued an order temporarily reinstating Venezuela’s TPS pending further litigation.
•  Shortly after taking office, Secretary of Homeland Security Noem canceled the extension of the 2021 and 2023 TPS designations for Venezuela and the overall 2023 TPS program for Venezuelans.
• This court order ensures that Venezuelan TPS holders retain their legal status and employment authorization through October 2, 2026, while the case is being decided.

Background

The secretary of Homeland Security may designate a foreign country for TPS due to temporary conditions such as ongoing armed conflict, an environmental disaster, epidemics, or other extraordinary and temporary conditions that prevent nationals from safely returning to that country. TPS beneficiaries who meet the parameters of such programs are protected from removal from the United States, and they can receive work and travel authorization.

In 2021, Venezuela was initially designated for TPS and, through extensions, this program remains in place. In October 2023, Venezuela was redesignated for TPS, expanding the program and providing additional relief for citizens of Venezuela who met qualifying criteria. The 2021 and 2023 designations were most recently extended by the Biden administration on January 17, 2025, for eighteen months, to October 2, 2026.

On January 28, 2025, Secretary Noem canceled the extension of the 2021 and 2023 TPS designations for Venezuela. This decision reinstated the expiration of TPS for Venezuelan beneficiaries under the 2021 designation to September 10, 2025, and for new applicants under the 2023 designation to April 2, 2025.

On February 1, 2025, Secretary Noem terminated the 2023 TPS designation, ending temporary legal protections for beneficiaries under the 2023 designation on April 7, 2025.

The Nationwide Order

On March 31, 2025, U.S. District Court Judge Edward Chen issued a nationwide order postponing Secretary Noem’s cancelation of the eighteen-month extension for the 2021 and 2023 TPS designations and the termination of the 2023 TPS designation. This order will remain in place until the court issues its final decision on the merits in National TPS Alliance v. Noem.

Analysis and Impact

The U.S. district court’s order temporarily results in the following, pending further litigation:

• Venezuela’s 2023 TPS designation is reinstated.
• The eighteen-month extension for 2021 and 2023 TPS designations is reinstated, providing legal protected status for Venezuelan TPS holders through October 2, 2026.
• The Employment Authorization Documents (EAD) issued under the 2021 or 2023 TPS designations with an expiration date of September 10, 2025; April 2, 2025; March 10, 2024; or September 9, 2022, remain valid through April 2, 2026.
  • USCIS issued guidance on I-9 completion. The USCIS guidance instructs employers “to enter April 2, 2026, pending further litigation, on Form I-9 as the new expiration date of the automatically extended EAD.”
• Venezuelan TPS holders may also demonstrate a 540-day automatic extension of their EAD “Card Expires” dates upon presenting:
  • an EAD showing category code A12 or C19; and
  • a Form I-797 Receipt Notice confirming a pending I-765 application for a category code A12 or C19 EAD renewal showing a “Received Date” between January 17, 2025, and September 10, 2025.

The U.S. district court’s order does not impact TPS designations for other countries.