News Alert: Federal Judge Blocks Termination of Temporary Protected Status for Venezuelans
Photo by aboodi vesakaran on Unsplash. What is the current status of the Temporary Protected Status (TPS) for Venezuelans under the Trump administration? Find out more in our News Alert.
Summary
On Jan. 28, 2025, Secretary of Homeland Security Kristi Noem vacated the Jan. 17, 2025, notice that extended a Temporary Protected Status (TPS) designation for Venezuela. The department reverted to the TPS redesignation and extension guidance that was announced in October 2023. Subsequently, on Feb. 1, 2025, Secretary Noem decided to also terminate TPS under the 2023 designation, which means that TPS and related benefits associated with the 2023 designation will end on April 7, 2025.
On March 31, 2025, a Federal Judge ruled against the termination of Temporary Protected Status (TPS) for Venezuelans by Secretary of Homeland Security Noem . The lawsuit, NTPSA v. Noem was filed by the National TPS Alliance.
Brief Background
On January 17, 2025, former Secretary of Homeland Security Alejandro N. Mayorkas announced the consolidation of the two separate Venezuelan TPS designations and filing processes. As a result, both the 2023 TPS designation (set to expire on April 2, 2025) and the 2021 TPS designation (set to expire on September 10, 2025) were consolidated and extended until October 2, 2026.
On January 28, 2025, the current Secretary of Homeland Security Kristi Noem, vacated former Secretary Mayorkas’ January 17, 2025 notice. Citing a number of reasons, Secretary Noem vacated the extension in a Federal Register Notice.
On Feb. 1, 2025, Secretary Noem also decided to terminate TPS under the 2023 designation for Venezuela. This meant that TPS and related benefits associated with the 2023 designation was scheduled to end on April 7, 2025.
The judge’s order required that both sides file a joint report within a week of the ruling.
What does this mean for current TPS holders?
Although the federal judge issued an order postponing the end of 2023 Venezuelan Temporary Protected Status (TPS), at this time, nothing has changed. The judge is giving each side in the case one week to answer certain questions. There will likely be another order next week, clarifying what exactly this means for Venezuelans with TPS.
What else should I know?
As of now, it is not possible to file a renewal or new registrations for TPS while the case is pending before the federal court.
What does this mean for employers of TPS holders?
In light of the District Court’s order, TPS for Venezuela will remain in effect until DHS obtains relief from that order. Further, the validity of EADs with a Card Expires date of Sept. 10, 2025; April 2, 2025; March 10, 2024; or Sept. 9, 2022, issued under the Venezuela TPS designations are similarly extended through April 2, 2026, pending further litigation. Employers should refer to the TPS webpage regularly for updates.
Stay tuned as we monitor these and other developments. Follow us on Instagram, Twitter, Facebook, LinkedIn and Tumblr, for up-to-date immigration news and to keep updated.
Torregoza Legal PLLC is the law firm for immigrants, by immigrants. We are founded on the motto of LegalEase: we do away with the legal jargon and make law easy to understand, so you can focus on what’s important to you – going for your American Dream.
Contact us at (888) 445-7066 or info@legalease.us. We are also on social media and on Skype: @LegalEaseUS. || www.LegalEase.us
This website and blog constitute attorney advertising. Do not consider anything on this website or blog legal advice as the law is dynamic, particularly in the immigration field and nothing in this website constitutes an attorney-client relationship being formed. Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results. Each case is different and must be judged on its own merits.