Court Blocks Termination of Venezuelan TPS Extension

Key Takeaways:

• A federal judge has halted DHS Secretary Kristi Noem’s decision to terminate the 2023 Temporary Protected Status (TPS) designation for Venezuelan nationals.

• Eligible Venezuelans who obtained TPS benefits under the 2023 designation will now have their employment authorization automatically extended until April 2, 2026.

• Employers must verify the work authorization of affected TPS beneficiaries to ensure continued employment beyond April 2, 2025.

Background

On Monday, a federal judge in California's Northern District issued a nationwide order preventing Homeland Security Secretary Kristi Noem from revoking an extension of the 2023 TPS designation for Venezuela. The case, National TPS Alliance v. Noem (Case No. 3:25-cv-01766), challenges the administration’s attempt to terminate these protections.

As a result of this ruling, Venezuelan TPS beneficiaries—who were at risk of losing their protected status and work authorization on April 7, 2025—will maintain their TPS benefits while the legal battle continues. This is due to the reinstatement of an extension originally granted by former DHS Secretary Alejandro Mayorkas on January 17, 2025.

The Biden-era extension ensures that work authorization for eligible Venezuelans remains valid through April 2, 2026. However, employers must confirm employment authorization for affected workers before April 2, 2025, to ensure compliance with federal regulations.

What’s Next?

The government has appealed the decision to the Ninth Circuit Court of Appeals and is seeking a stay of the ruling. If granted, this could impact the current extension. Further legal proceedings will determine the long-term fate of TPS protections for Venezuelan nationals.