On May 19, 2025, the U.S. Supreme Court issued a critical decision impacting nearly 350,000 Venezuelan nationals residing in the United States under the 2023 Temporary Protected Status (TPS) designation. In an 8-1 ruling, the Court granted the government’s emergency request to pause a district court injunction that had temporarily preserved TPS protections. This decision clears the way for the Department of Homeland Security (DHS) to move forward with its previously announced termination of the 2023 Venezuela TPS designation.
What Changed and Why It Matters
The Biden administration’s continuation of the Trump-era move to vacate the 2023 TPS designation has now been greenlit, pending further litigation in the 9th Circuit Court of Appeals. This ruling affects individuals whose work authorization was granted through TPS under the 2023 designation, particularly those holding Employment Authorization Documents (EADs) with category codes A12 or C19.
While TPS under the 2021 designation remains valid until September 10, 2025, individuals who only held protection under the 2023 designation may immediately lose both status and employment eligibility.
Immediate Implications for Venezuelan Nationals
1. TPS Holders Under 2023 Designation
These individuals now face potential loss of status and the invalidation of work authorization. However, the Supreme Court’s decision leaves open the possibility for legal challenges to DHS’s actions regarding EADs with expiration dates as late as October 2, 2026.
2. TPS Holders Under 2021 Designation
Remain protected through September 10, 2025. However, the administration may take similar steps to terminate this designation in the future, and beneficiaries should stay alert.
What Employers Need to Know
There is no current USCIS guidance clarifying how employers should handle Form I-9 verifications or terminations based on this change. Critical questions remain:
- Will there be a grace period to adjust records?
- How should employers proceed with I-9 re-verification?
- Will there be ICE enforcement tied to expired EADs?
Until further guidance is issued, employers are advised to rely on the latest updates on the USCIS I-9 Central page and to assess any potential disruptions to their workforce in consultation with legal counsel.
Action Steps for Venezuelan TPS Beneficiaries
1. Seek Immediate Legal Advice
This is a developing legal matter. Affected individuals should consult an immigration attorney to explore:
- Adjustment of Status options
- Asylum (based on current Venezuelan conditions)
- Family-based or employment-based petitions
- Humanitarian relief or deferred action
2. Preserve Documentation
Maintain records of all immigration status-related documents, including:
- Copies of current EADs
- USCIS receipts and notices
- Screenshots of guidance posted on USCIS and I-9 Central
These may serve as evidence in future litigation or status renewal efforts.
Our Counsel to Clients
At Ahluwalia Law Offices, we are closely monitoring USCIS updates, pending litigation in the Ninth Circuit, and possible new DHS policies. For clients impacted by this development or employers with concerns about I-9 compliance, we recommend scheduling a one-on-one consultation to evaluate your best path forward.
In these uncertain times, informed decisions and swift legal action may help protect rights and mitigate disruption.
For real-time updates on TPS and employment authorization matters, continue to monitor uscis.gov and consult trusted legal counsel.
