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DHS announced the end of TPS for Venezuelans under the 2021 designation, arguing that Venezuela no longer meets the legal requirements. The decision was based on considerations of public safety, migration, economy, and foreign policy under the Trump administration.
More than 200,000 to 256,000 Venezuelans living in the U.S. who had TPS approved under the 2021 designation will be affected, losing legal protection and work permits if the ruling stands.
Not directly. The 2023 TPS designation was already terminated earlier, in April 2025.
Yes, Judge Edward Chen has authority and had already ordered precautionary measures. The Ninth Circuit upheld his authority to decide in the case National TPS Alliance vs. Noem. However, this does not guarantee the final outcome.
If their initial application is pending, they are not automatically protected. They must wait for TPS approval; only then will they receive protection and a work permit.
Yes. If they re-register before September 10, 2025, they will likely be able to maintain TPS until October 2, 2026.
TPS beneficiaries with a valid work permit (EAD) issued on or before February 5, 2025 (categories A-12 or C-19) and with a relevant expiration date, receive an automatic extension until April 2, 2026 while litigation is ongoing. In addition, if they re-register, they will likely receive a new EAD valid through October 2026.
Monitor legal developments: Stay informed about Judge Chen’s and the Ninth Circuit’s decisions.
Re-register early: Do not wait until the last moment before September 10.
Prepare supporting documents: Have the Federal Register notice ready as proof of EAD extension.
Explore other immigration pathways: While TPS remains in place, investigate eligibility for asylum, family-based petitions, employment-based visas, or other relief.
Temporary Protected Status for Venezuela was initially designated in 2021 and later redesignated and extended, recognizing the serious humanitarian conditions in the country. However, this protection has faced serious legal challenges.
The most relevant legal battle is framed within the lawsuit National TPS Alliance, et al. v. Noem, et al., where organizations and TPS beneficiaries challenged attempts to terminate the program. Previously, a district court, presided over by Judge Edward Chen in California, had issued a preliminary injunction to block the termination of TPS, arguing that the government’s decision appeared “unlawful, arbitrary, and discriminatory.” Today’s decision by the 9th Circuit Court of Appeals ratifies this temporary protection while the underlying litigation continues.
The 9th Circuit Court of Appeals ruled in favor of maintaining TPS for Venezuelans. In practical terms, the court will not allow the program to be canceled at this time.
This means that the case will now return to the court of Judge Edward Chen, of the 9th Circuit Federal District, to determine the future of the program. It is important to remember that Judge Chen has previously shown a favorable stance on the continuation of TPS for Venezuela, which offers an encouraging outlook.
Although it is anticipated that the government may appeal this decision and take the case to the Supreme Court, the current ruling represents very positive news.
This decision has direct and immediate consequences for all beneficiaries:
The deadline for re-registration is imminent.
