District Court Postpones Termination of TPS for Venezuela

Welcome to the U.S. immigration news briefing from Corporate Immigration Partners, PC (CIP PC). The team is here to provide the latest updates on policy changes affecting corporate immigration. The latest update extends Temporary Protected Status (TPS) for Venezuela despite ongoing legal challenges, guaranteeing continued validity of work authorizations for Venezuelan nationals.

Temporary Protected Status for Venezuelans Extended Amid Ongoing Lawsuit 

On March 31, 2025, U.S. District Judge Edward Chen granted a motion to postpone the decision to vacate the 2023 designation of Venezuela for TPS. The decision halts the termination of TPS for Venezuelans while the lawsuit proceeds allowing individuals covered by the 2023 TPS designation to retain their work authorizations and protections for the duration of the court order. The protections were previously set to expire on April 7, 2025. 

Judge Chen found that the decision to terminate TPS violated the Administrative Procedure Act and the Equal Protection Clause, citing potential irreparable harm to hundreds of thousands of individuals and significant economic and social impacts.  

Background on TPS for Venezuelan Nationals  

In March 2021, Secretary Mayorkas first designated Venezuela for TPS from March 9, 2021, through September 9, 2022. DHS extended the 2021 Designation a second time on October 3, 2023, for another 18 months. The extension of TPS for Venezuela lasted from March 11, 2024, to September 10, 2025.  

Alongside this second extension of the 2021 designation, the Department of Homeland Security (DHS) redesignated Venezuela for an additional 18-month period, spanning October 3, 2023, to April 2, 2025. The Biden Administration subsequently extended this designation once more, with protections continuing through October 2, 2026. On February 1, 2025, Secretary Noem terminated the 2023 Designation, effective April 7, 2025. 

What it Means for Venezuelan TPS Holders 

Venezuelan nationals on TPS under the 2023 designation will retain their employment authorization through April 2, 2026. This is subject to change if otherwise decided in court. The government has appealed Judge Chen’s decision to the Ninth Circuit Court of Appeals. 

What it Means for Employers 

The court order reinstates TPS work authorization under the extension by the Biden Administration. Venezuelan TPS beneficiaries with expired or expiring work authorization (“EAD” with expiration dates of April 2, 2025, March 10, 2024, or September 9, 2022) must have their employment authorization verified or reverified on Form I-9 to work beyond April 2, 2025, through the automatic extension until April 2, 2026.

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