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The Supreme Court has decided to suspend Judge Chen’s recent ruling. That ruling allowed the TPS program to remain in effect and be extended until October 2026.
Unfortunately, while the case is being litigated before the Ninth Circuit Court of Appeals, individuals will not be allowed to continue with their TPS protections at this time.
It is extremely important to understand that this decision is not final. We need to wait for official notification from the Department of Homeland Security (DHS). There must be clarification and a final decision from DHS regarding the policies and protocols to be followed after this suspension.
This is not the time to panic.
People should not stop working and living legally in this country.
It is essential that the community wait for clarification from the Department of Homeland Security.
Our commitment remains to help our immigrant community. Work with your immigration attorneys to explore other alternatives and not necessarily rely solely on this program.
The case will continue. One possible scenario is that the case will go before the Ninth Circuit Court of Appeals and they will decide to maintain TPS.
If the administration decides to appeal again to the Supreme Court, two things could happen.
If the Supreme Court decides not to take the case, TPS will remain in place until October 2026.
If the Supreme Court takes the case, then the suspension decided by the Supreme Court will remain in place. In addition, there is always the possibility that the Supreme Court will ultimately rule in favor of the litigants and maintain TPS.
This information is based on the notice published by the Department of Homeland Security (DHS) in the Federal Register on September 8, 2025, and the Supreme Court’s decision on October 3, 2025, regarding the termination of TPS designations for Venezuela.
Secretary of Homeland Security Kristi Noem has determined that Venezuela no longer meets the conditions for TPS designation in 2021.
On October 3, 2025, the U.S. Supreme Court granted an emergency request from the Trump administration.
The Secretary of Homeland Security based her termination decision on a comprehensive assessment of factors of national interest, including public safety, national security, migration factors, immigration policy, economic considerations, and foreign policy.
Security and Crime Risks (Aragua Train): DHS cited the expansion of criminal group operations in the US, such as the Aragua Train (TdA), designated as a Foreign Terrorist Organization.
◦ DHS has identified documented and/or self-admitted members of TdA who were apprehended by the Border Patrol and released under the previous administration’s “catch-and-release” policies.
◦ Failures in the vetting process for this population have been reported, including cases of Venezuelan nationals with multiple felony convictions who were erroneously granted TPS.
Pull Factor: Programs such as TPS can act as pull factors, potentially worsening an unsustainable immigration situation and contributing to irregular migration at the southern border.
The validity dates of the employment authorization vary significantly depending on the designation under which the EAD was obtained:
Type of Beneficiary | Document / Original Designation | Automatic Extension | Final Validity |
|---|---|---|---|
Beneficiaries 2021 | EADs with expiration dates of 9/9/22, 3/10/24, or 9/10/25. | It is automatically extended until November 7, 2025. | The EAD is valid until July 11, 2025. . |
Beneficiaries 2023 (Exception) | EAD with maturity date October 2, 2026, issued on or before February 5, 2025. | Remains valid. | The work permit is valid until October 2, 2026. |
Pending Initial Applications (2021) | Forms I-821 and I-765 filed under Venezuela 2021 that are pending a decision. | You do not need to submit any additional forms. | If approved, the beneficiary will receive an EAD with an expiration date of October 2, 2026. |
No. This decision is a suspension of a previous court order that sought to maintain the program. It is not a final decision.
No. This is not the time to panic or for people to stop working and living legally in this country. The community should remain calm and wait for official clarification from the Department of Homeland Security (DHS).
There must be an official notification and clarification from the Department of Homeland Security (DHS) regarding the policies and protocols to be followed after this suspension.
The case will continue to be litigated. It could be that the Ninth Circuit Court of Appeals decides to uphold TPS. If the case returns to the Supreme Court, if it decides not to take it, TPS would remain in place until October 2026. If it does take it, the suspension would remain in place. However, the Supreme Court could also ultimately decide in favor of the litigants and uphold TPS.
The Immigration Service has already collected hundreds of thousands of dollars in fees and processed many applications. Attorney Jesus Reyes doubts that the agency will immediately reject all these applications and stop everything completely, but the final decision will be made by DHS.
It is important to stay informed about what is going to happen and to seek legal advice to explore other alternatives so that you are not solely dependent on this program.
The 2023 TPS designation was immediately terminated by the Supreme Court on October 3, 2025. The 2021 TPS designation officially ends at 11:59 p.m. (local time) on November 7, 2025.
Secretary Noem determined that continuing TPS is contrary to the national interest. The reasons include: economic improvement in Venezuela (decline in hyperinflation, GDP growth); concern that TPS acts as a pull factor for irregular migration; and public safety concerns related to the infiltration and presence of members of criminal groups such as Tren de Aragua (TdA) who were released in the U.S.
If your EAD was issued under the 2021 designation and has an expiration date of September 9, 2022, March 10, 2024, or September 10, 2025, its validity has been automatically extended until November 7, 2025. You may use the expired EAD along with the Federal Register notice as proof of employment authorization until that date.
Yes. Beneficiaries who received an EAD with an expiration date of October 2, 2026, on or before February 5, 2025, will retain that work authorization until October 2, 2026.
If your initial I-821 (TPS) and I-765 (EAD) forms under the Venezuela 2021 designation are still pending without a decision, you do not need to submit any forms at this time. If these applications are approved, you will receive an EAD with an expiration date of October 2, 2026.
When DHS terminates a country designation, beneficiaries return to the same immigration status or category they had before TPS (if it is still in effect), or to any other lawful status they obtained while registered for TPS, provided that status is still valid on the termination date.
Be wary of scams. Only a licensed attorney working for a reputable organization can provide you with legal advice. If you would like to schedule a legal consultation with attorney Jesus Reyes, contact us today.
