SCOTUS: DHS Can Proceed with Termination of Temporary Protected Status for Venezuelans

On May 19, 2025, the U.S. Supreme Court issued an emergency order that allows the Department of Homeland Security (DHS) to proceed with terminating Temporary Protected Status (TPS) for Venezuelan nationals under the 2023 designation. This reverses a lower court’s injunction and effectively ends, for now, federal protections that had provided legal status and work authorization to an estimated 350,000 individuals.

Although the Court did not rule on the merits of the legal challenge, this decision has immediate and practical consequences for employers who rely on TPS holders in their workforce.

What the Supreme Court Did — and Did Not Do

The Court’s decision does not address the underlying legality of DHS’s actions. It only resolves the procedural issue of whether the government could move forward with termination while litigation is pending. The case remains active in the Northern District of California. This means that TPS for Venezuelans under the 2023 designation is now legally terminated. USCIS and DHS may begin winding down protections and initiating enforcement action, even though the federal court has not yet ruled on whether the termination is lawful.

Current Status of the Case

The district court case continues. Plaintiffs will continue to argue that DHS’s action was unlawful and driven by improper animus or disregard for established administrative procedure. If the plaintiffs prevail, TPS protections could potentially be restored or reinstated for those affected. However, absent further judicial intervention, the termination stands, and enforcement may proceed immediately.

Employer Action Plan: Five Steps to Take Now

1. Self-Audit and Assess Who May Be Affected: Employers should identify which employees are currently working under TPS for Venezuela. Review their EAD category codes (A12 or C19) and expiration dates and begin tracking when employment authorization may end. Consider this part of broader I-9 risk management.
   
   
2. Communicate Deliberately and Carefully: Notify affected employees using accurate and compassionate messaging. Avoid creating confusion or fear—especially if their current EAD remains valid. Ensure messaging aligns with HR policy and legal guidance.
   
   
3. Do Not Take Premature Employment Action: Even though TPS has been terminated, many affected employees still hold valid work permits. Employers should not terminate or place employees on leave solely due to TPS status unless the EAD has expired and cannot be reverified. Doing so could risk national origin or immigration-status discrimination claims.
   
   
4. Monitor the Case and any DHS Announcements: Continue to monitor federal court activity and USCIS guidance. It’s possible that deadlines will shift or that temporary accommodation may be issued. Employers should also look for re-registration windows.
   
   
5. Consider Broader Immigration Strategy: Employers may want to evaluate whether key employees on TPS can transition into longer-term sponsorship options, including employment-based nonimmigrant visas, family-based relief, or eventual green card sponsorship.

Background and Legal Timeline

TPS for Venezuela was first granted in March 2021 due to widespread humanitarian and political crises. The Biden administration redesignated and extended TPS for Venezuela in October 2023, providing protection and work authorization through October 2, 2026.

That trajectory changed in early 2025 when DHS Secretary Kristi Noem rescinded the extension and issued a new policy terminating TPS for Venezuelans, citing national interest and claimed improvements in country conditions. This action was challenged by TPS holders and the National TPS Alliance in federal court, where plaintiffs alleged the termination was arbitrary, discriminatory, and procedurally unlawful under the Administrative Procedure Act (APA).

In March 2025, a federal district court in California granted a preliminary injunction, blocking DHS from enforcing the termination. On May 19, 2025, the Supreme Court lifted that injunction via an unsigned emergency order. Justice Ketanji Brown Jackson was the lone dissenter.

Conclusion

Although litigation continues, the practical reality is that TPS-related EADs under the 2023 designation are now on a path to expiration. Employers must prepare for these changes while ensuring compliance and clear communication. Evaluate re-verification procedures, alternative status options for impacted employees, and strategies to maintain workforce continuity.

About Our Author

Mary Kate Fernandez focuses her practice exclusively on business immigration, representing employers across a range of industries. With experience guiding clients through U.S. immigration regulations, she helps businesses sponsor and retain skilled talent from around the world. She also assists employers in addressing a wide range of employment issues related to immigration and international employment, ensuring they remain compliant with regulations. Fernandez has established contacts and experience liaising with the Department of Labor (DOL), U.S. Citizenship and Immigration Services (USCIS), U.S. Coast Guard (USCG), Department of State (DOS), and U.S. consulates worldwide. This network enables her to guide clients effectively through regulatory requirements across different jurisdictions.