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The future of Temporary Protected Status (TPS) for Venezuelans is once again before the U.S. Supreme Court. The Trump administration requested a stay of a lower court decision blocking its attempt to end TPS protections.

What is TPS?

Temporary Protected Status (TPS) is a humanitarian program that allows people from certain countries to stay in the U.S. if their home country is facing war, natural disasters, or other extraordinary crises. TPS holders are protected from deportation and receive work authorization.

Venezuela was first granted TPS in 2021 because of political turmoil and humanitarian collapse. The protections were extended and re-designated in 2023, giving more Venezuelans the ability to apply.

Background of the Case

At the heart of the dispute is U.S. District Judge Edward M. Chen’s Sept. 5 ruling on the merits to end the Trump administration’s bid to end TPS for Venezuelans under the 2023 TPS designation. Judge Chen found that Department of Homeland Security (DHS) Secretary Kristi Noem exceeded her authority by

  • Vacating the prior administration’s 18-month extension of TPS for Venezuela, and
  • Terminating the 2023 re-designation.

Judge Chen determined that he had authority to review the administration’s actions and that they violated the Administrative Procedure Act. As a result, he issued nationwide relief.

The Government’s Argument

Solicitor General John Sauer, representing the federal government, criticized the district court and the Ninth Circuit (which upheld Judge Chen’s preliminary March ruling in an Aug. 29 order). He pointed to the Supreme Court’s May 19 ruling in  Kristi Noem et al. v. National TPS Alliance et al— an 8–1 decision staying Judge Chen’s preliminary ruling — as controlling. Sauer argues that the government would likely succeed in showing that judicial review of TPS termination is barred by the Immigration and Nationality Act, and that Secretary Noem had the authority to rescind the extension before it took effect.

What’s Next?

The Supreme Court will decide whether to uphold the lower court’s order or allow the DHS to terminate the TPS program, which currently remains reinstated after Judge Chen’s Sept. 5 ruling.

On May 19, 2025, the U.S. Supreme Court lifted a district court order that had temporarily postponed the April 7 termination of the 2023 Venezuela Temporary Protected Status (TPS) designation. The ruling allows the Trump administration to end legal protection for roughly 350,000 Venezuelans now living in the United States under a program that had protected them from deportation known as TPS. The U.S. Supreme Court granted the Justice Department’s request to lift a judge’s order that had halted Homeland Security Secretary Kristi Noem’s decision to terminate TPS under the 2023 designation for Venezuela.

The termination of the 2023 designation may open the door for possible deportations soon. The decision appears to state that that the group has effectively lost their status and employment authorization. U.S. Citizenship and Immigration Services may release guidance regarding its implementation of the reinstated termination. 

Venezuelans in the United States with TPS are divided into two groups: those who received TPS in 2021 when the Biden administration initially designated Venezuela for TPS, and those who received TPS when the program was extended in 2023. This Supreme Court decision does not affect the approximately 250,000 Venezuelans who were given the protection in 2021.

TPS allows people to live and work in the United States legally if their home countries are deemed unsafe, including wars, natural disasters, or other “extraordinary and temporary” conditions.

Employers should be aware that some workers may lose their work authorization and ability to remain lawfully in the United States with limited notice. Employers should review their workforce for employees relying on Venezuelan TPS. Employers can then review expiration dates and determine if impacted employees have alternative immigration options. At the same time, employers should avoid any premature terminations pending further guidance from the U.S. government. Finally, employers should have a workforce contingency plan.

Employers should refer to the TPS webpage for updates. 

The termination of Temporary Protected Status (TPS) for Venezuelans was temporarily halted by a court order on March 31, 2025. This order postpones the original expiration dates, extending work authorization documents (EADs) to April 2, 2026, for those under the 2023 designation and to Sept. 10, 2025, for those under the 2021 designation. The court’s decision is based on a lawsuit challenging the Trump administration’s decision to end TPS for Venezuelans.

On Jan. 28, 2025, the Trump administration, acting through its Secretary of the Department of Homeland Security (DHS), revoked the extension of Temporary Protected Status (TPS) for Venezuelans residing in the United States. This decision reverses the 18-month extension granted Jan. 17, 2025, under the Biden administration. The revocation of TPS for Venezuelans means that the protections set to last until October 2026 will now revert to their prior expiration dates and TPS beneficiaries, who have already applied or intended to re-register, will no longer benefit from the extension. Instead, the 2023 Venezuela TPS designation remains valid for current beneficiaries through April 2, 2025, and the 2021 Venezuela TPS designation remains valid for current beneficiaries through Sept. 10, 2025.

DHS grants TPS to eligible individuals from countries experiencing ongoing armed conflict, environmental disasters, or other extraordinary conditions, which allows them to live and work in the United States without fear of deportation.

Employees with Venezuela TPS may have work authorization through either facially valid documents or automatic extensions. Employers should assess each employee’s work authorization on a case-by-case basis. The first Trump administration attempted to terminate several TPS designations, leading to court challenges, and this most recent revocation of TPS may similarly face legal challenges.

On Jan. 10, 2025, the outgoing Biden administration’s Department of Homeland Security (DHS) announced the extension of Temporary Protected Status (TPS) for nearly one million individuals in the United States. Specifically, DHS extended TPS for 18 months for qualifying individuals from El Salvador, Sudan, Ukraine, and Venezuela. To qualify for the TPS extension, individuals from these countries must already be residing in the United States as current beneficiaries of TPS. If they continue to meet general and country specific eligibility requirements, these individuals can register for continued temporary protections from removal and seek temporary employment authorization. Every individual processed by DHS goes through rigorous national security and public safety vetting during the original application process and again during re-registration. If any individual is identified as posing a threat, they may be detained, removed, or referred to other federal agencies for further investigation or prosecution as appropriate. Individuals are barred from TPS if they have been convicted of any felony or two misdemeanors. Please see below for a summary of country specific details:

El Salvador

  • The extension allows roughly 232,000 current beneficiaries from El Salvador to re-register for TPS, if they continue to meet eligibility requirements. Re-registration is limited to individuals who previously registered for and were granted TPS under El Salvador’s prior designation.
  • DHS’ underlying reason for the TPS extension was a substantial disruption of living conditions in El Salvador stemming from environmental disasters, including geological and weather-related events.
  • The 18-month extension period runs from March 10, 2025, to Sept. 9, 2026.
  • Current beneficiaries under TPS for El Salvador must re-register in a timely manner during the 60-day re-registration period beginning when the Federal Register notice is published to ensure they keep their TPS and employment authorization.
  • DHS is automatically extending the validity of Employment Authorization Documents (EADs) previously issued under El Salvador’s TPS designation through March 9, 2026.
  • Individuals with a pending Form I-821, Application for Temporary Protected Status, or a related Form I-765, Application for Employment Authorization, starting when the Federal Register notice publishes, do not need to file either application again. If U.S. Citizenship and Immigration Services (USCIS) approves a pending Form I-821 or Form I-765 filed under the previous designation of TPS for El Salvador, USCIS will grant the individual TPS through Sept. 9, 2026, and issue an EAD valid through the same date.

Sudan

  • DHS cited ongoing armed conflicts, political instability, and human rights abuses as reasons for the extension of TPS for Sudan.
  • The extension allows approximately 1,900 current eligible beneficiaries to re-register for TPS, if they continue to meet eligibility requirements.
  • Re-registration is limited to individuals who are in the United States and previously registered for TPS under Sudan’s designation. Moreover, eligibility is limited to individuals who have continuously resided in the United States since at least Aug. 16, 2023.
  • USCIS will continue to process pending applications filed under the Sudan designation. Both initial applicants and re-registering current beneficiaries who have a pending Form I-821 or Form I-765 do not need to file either application again.
  • If USCIS approves an individual’s pending Form I-821, TPS will be granted through Oct. 19, 2026; similarly, if USCIS approves a pending TPS-based Form I-765, USCIS will issue a new EAD that will be valid through Oct. 19, 2026.

Ukraine

  • DHS determined that an 18-month TPS extension was warranted because of the humanitarian crisis and conditions resulting from the expansion of the Russian military’s invasion of Ukraine.
  • The extension allows approximately 103,700 current eligible beneficiaries to re-register for TPS, if they continue to meet eligibility requirements.
  • Re-registration is limited to individuals who previously registered for TPS under Ukraine’s designation and have continuously resided in the United States since August 16, 2023.
  • DHS is automatically extending the validity of EADs previously issued under Ukraine’s TPS designation for 12 months beyond the current validity’s expiration.
  • USCIS will continue to process pending applications filed under the Ukraine designation. Both initial applicants and re-registering current beneficiaries who have a pending Form I-821 or Form I-765 do not need to file either application again.
  • If USCIS approves an individual’s pending Form I-821, TPS will be granted through Oct. 19, 2026; similarly, if USCIS approves a pending TPS-based Form I-765, USCIS will issue a new EAD that will be valid through Oct. 19, 2026.

Venezuela

  • Venezuela’s TPS extension period will be from April 3, 2025, to Oct. 2, 2026.
  • DHS determined that a TPS extension is warranted because of the severe humanitarian emergency the country continues to face due to political and economic crises under the Maduro regime.
  • The extension will allow approximately 600,000 current eligible beneficiaries to re-register for TPS, if they continue to meet eligibility requirements.
  • Individuals may be eligible if they have continuously resided in the United States on or before July 31, 2023. Venezuelan nationals who registered for TPS under the 2021 Venezuela TPS designation are also eligible to re-register for TPS under this extension, as they meet the same eligibility requirements. Venezuelan nationals who arrived in the United States after July 31, 2023, are not eligible for TPS. Those who do not enter through a lawful process or pathway will be subject to enforcement consequences.
  • Venezuelan TPS beneficiaries must timely re-register during the re-registration period that runs from the publication of Federal Register notice to Sept. 10, 2025, to ensure they keep their TPS and work authorization.
  • DHS is automatically extending the validity of EADs previously issued under Venezuela’s TPS designation through April 2, 2026.
  • USCIS will continue to process pending applications filed under the Venezuela designation. Both initial applicants and re-registering current beneficiaries who have a pending Form I-821 or Form I-765 do not need to file either application again.
  • If USCIS approves an individual’s pending Form I-821, TPS will be granted through Oct. 2, 2026; similarly, if USCIS approves a pending TPS-based Form I-765, USCIS will issue a new EAD that will be valid through Oct. 2, 2026.

Please refer to the forthcoming Federal Register notices for each respective country for specific details and explanations regarding the eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register and renew EADs.

The Temporary Protected Status (TPS) program has been a critical lifeline for individuals fleeing countries plagued by natural disasters, armed conflicts, or other extraordinary conditions. In recent years, the political and economic crisis in Venezuela has led to an exodus of its citizens seeking refuge in the United States and other countries. This growing need for assistance led the U.S. Department of Homeland Security in September 2023 to extend TPS designation for Venezuelan nationals, as many can no longer safely return to the country.

The Greenberg Traurig team, committed to pro bono service, continues to play a role, assisting eligible Venezuelan nationals in submitting TPS applications as well as securing employment authorization documents (EADs). In Atlanta, for example, the firm is aiding a Venezuelan student studying marketing at a U.S. university to apply for TPS. 

Individuals who are eligible for TPS are protected from deportation and can obtain employment authorization as well as travel authorization once their applications are accepted. If her application is accepted, our TPS candidate in Atlanta will have the ability to live and work in the United States without fear of deportation while Venezuela’s political and economic situation stabilizes.

In addition to assisting Venezuelan nationals, GT has worked thousands of pro bono hours and pledged resources toward aiding individuals and families from around the world who have fled their countries to seek refuge in the United States. For example, in March 2022, GT pledged up to $2 million to support the humanitarian relief efforts for Ukraine in addition to a large scale mobilization of pro bono work for refugees, and members of our Warsaw office took Ukrainian refugees into their homes. During National Pro Bono Month and beyond, the Immigration & Compliance Practice proudly dedicates time and resources to these important matters.

* Past results are not guaranteed. 

The U.S. Department of Homeland Security (DHS) has announced the extension and redesignation of Temporary Protected Status (TPS) for Venezuela. DHS says this decision comes in response to ongoing extraordinary conditions in Venezuela, which have made it unsafe for individuals to return to their home country. However, major news outlets are reporting that this decision comes after heavy pressure from local and federal political leaders who say their communities need immigrants to be able to work.

U.S. Secretary of Homeland Security Alejandro N. Mayorkas has announced an 18-month extension and redesignation of TPS for Venezuela. The TPS extension offers temporary protection from deportation and provides employment authorization for Venezuelan nationals residing in the United States before July 31, 2023.

Currently, there are approximately 242,700 TPS beneficiaries under Venezuela’s existing designation, with an additional 472,000 nationals of Venezuela who may be eligible under the redesignation. This extension and redesignation aim to provide relief to the Venezuelan community in the United States, allowing them to live and work legally.

In its most recent update, U. S. Customs and Protection (CBP) offered a snapshot on the impact of the humanitarian parole program for nationals of Cuba, Haiti, Nicaragua, and Venezuela (CHNV). As a reminder, the Biden administration introduced the CHNV parole program in January 2023, aiming to provide a safe pathway for individuals fleeing violence, persecution, or urgent humanitarian crises.

Here are some key operational statistics for the CHNV program: 

  • Since January 2023, the U.S. Department of Homeland Security (DHS) has reportedly received more than 1.8 million applicants for the program; CBP has released application processing numbers for January through July 2023.
  • CBP says these processes have curbed irregular migration and prevented smugglers from exploiting nearly 160,000 individuals; instead, these individuals have benefited from secure, organized, and humane pathways to the United States.
  • As of the end of July 2023, CBP says more than 181,000 CHNV nationals have arrived lawfully through the Humanitarian Parole program, including:
    • Over 41,000 Cubans
    • Over 72,000 Haitians
    • Over 34,000 Nicaraguans
    • Over 63,000 Venezuelans

Eligibility for the humanitarian parole program involves individuals meeting specific criteria: being a national of one of the four designated countries and demonstrating they face a serious threat to safety or freedom in their home country. Accepted individuals are permitted to travel to the United States for one to two years, during which time they can work and apply for asylum.

Due to the overwhelming number of applicants, DHS implemented a review and approval system. This system comprises a 50% approval rate based on the date of application and 50% through random selection. However, the influx of applications has led to significant backlogs, with many applicants waiting several months for approval.

On May 17, 2023, USCIS updated the review procedure for the processes for Cubans, Haitians, Nicaraguans, and Venezuelans. The update is intended to maintain a meaningful and equitable opportunity for all beneficiaries of a Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, to move forward through the process and seek advance travel authorization. The Biden administration first announced this update Jan. 5, 2023.

Under the new review process, USCIS will randomly select about half of the monthly total, regardless of filing date, from the entire pending workload of Form I-134A to determine whether the case can be confirmed. They will review the other half of the monthly total of Forms I-134A based on when the case was submitted under the “first-in, first-out” method, which prioritizes the oldest Forms I-134A for review.

Potential supporters should not submit a duplicate Form I-134A for the same beneficiary. USCIS will not accept a duplicate Form I-134A if a previously submitted Form I-134A between the same potential supporter and beneficiary is pending. If USCIS does not confirm a Form I-134A, but a supporter believes they meet the requirements to be a supporter under the process, they may file a new Form I-134A and submit additional information as evidence.

Under this updated review procedure, processing times will vary. Potential supporters may monitor the status of a Form I-134A they filed in their USCIS online account or check the most recent status in Case Status Online. The USCIS Contact Center cannot provide any additional information about the status of your case.

Following are the eligibility requirements for the processes for Cubans, Haitians, Nicaraguans, and Venezuelans:

  • Be a national of Cuba, Haiti, Nicaragua, or Venezuela;
  • Be outside the United States;
  • Have a U.S.-based supporter who filed a Form I-134A on your behalf that USCIS has vetted and confirmed;
  • Provide for your own commercial travel to a U.S. airport and final U.S. destination;
  • Undergo and clear required screening and vetting;
  • Not be a permanent resident or dual national of any country other than one of these four countries, and not currently hold refugee status in any country;
  • Not be an unaccompanied child;
  • Not have been ordered removed from the United States within the past five years or be subject to a bar based on a prior removal order;
  • Not have crossed irregularly into the United States, between ports of entry, after Oct. 19, 2022;
  • Not have unlawfully crossed the Mexican or Panamanian borders after Oct. 19, 2022; and
  • Comply with all additional requirements, including vaccination requirements and other public health guidelines.

Those eligible for the processes for Cubans, Haitians, Nicaraguans, or Venezuelans can file a Form I-134A online at the USCIS website. Supporters must also file a Form I-134A. Once both forms are filed, USCIS will review the case and make a decision.

Those granted parole will be allowed to stay in the United States for up to two years. During that time, parolees may be eligible to work and apply for a social security number.

Those with questions about the processes for Cubans, Haitians, Nicaraguans, or Venezuelans should consult with experienced immigration counsel.

The Biden administration has announced the expansion of its Venezuela Parole program to three additional countries – Cuba, Haiti, and Nicaragua. On Jan. 5, 2023, the Department of Homeland Security announced an expansion of its new migration process for Venezuelan nationals. The expansion allows those nationals from Cuba, Haiti, and Nicaragua and their immediate family members to request advance authorization for travel and temporary parole for up to two years in the United States, including work authorization. There will be a 30,000 per month cap on the number of parolees from all four countries.

Parolees must have a supporter in the United States who will provide financial and other support, among other requirements. In order to be eligible for advance travel to the United States to request parole at the border, a person must: 

  1. Be a national of one of the four countries or be an immediate family member (spouse, common-law partner, or unmarried child under the age of 21) of an eligible applicant and traveling with them;
  2. Possess a passport valid for international travel;
  3. Be outside the United States;
  4. Have a U.S.-based supporter who filed a Form I-134 on their behalf that USCIS has vetted and confirmed;
  5. Provide for their own commercial travel to a U.S. airport and final U.S. destination;
  6. Undergo and clear required screening and vetting;
  7. Not be a permanent resident or dual national of any country other than one of these four countries, and not currently hold refugee status in any country;
    • This requirement does not apply to immediate family members (spouse, common-law partner, or unmarried child under the age of 21) of an eligible national of Venezuela with whom are traveling.
  8. Not be an unaccompanied child;
    • Children under the age of 18 must be traveling to the United States in the care and custody of their parent or legal guardian.
  9. Not have been ordered removed from the United States within the past five years or be subject to a bar based on a prior removal order;
  10. Not have crossed irregularly into the United States, between ports of entry, after Oct. 19, 2022;
  11. Not have unlawfully crossed the Mexican or Panamanian borders after Oct. 19, 2022; and
  12. Comply with all additional requirements, including vaccination requirements and other public health guidelines.

When the national arrives at the United States port of entry, there will be additional screening and vetting. If granted parole, it will typically be for two years. Once granted parole, nationals may apply for employment authorization and request a social security number.