Supreme Court Reverses Venezuelan TPS Order - What You Need to Know

On May 19th, the Supreme Court put on hold a U.S. District Court order that blocked termination of the 2023 designation for Venezuelan TPS (Temporary Protected Status). Immigration attorney Nisha Karnani explains how the new decision impacts Venezuelan TPS holders.

If you feel uncertain about your TPS status, contact Antonini & Cohen today at (470) 428-3200 to schedule a consultation. Our Atlanta immigration attorneys will thoroughly assess your situation and provide you with the best options available.

At Antonini & Cohen, we know how.

What Is Temporary Protected Status?

Temporary Protected Status is a humanitarian program that allows foreign nationals from designated countries experiencing armed conflict, natural disasters, or other extraordinary conditions to register to live and work legally in the United States for a designated period of time provided they were present in the US by a certain date.

The Department of Homeland Security (DHS) first designated Venezuela for TPS in 2021 due to the country’s ongoing humanitarian crisis. In 2023, DHS extended Venezuelan TPS to October 2026 to provide continued protection for eligible Venezuelans.

Current Status of Venezuelan TPS

In February 2025, DHS unexpectedly announced the termination of the 2023 Venezuelan TPS designation. However, on March 31, 2025, a federal judge blocked this termination, restoring Venezuelan TPS protections for previously covered Venezuelans.

On May 19, 2025, the Supreme Court put on hold the lower court’s order blocking the termination of Venezuelan TPS. The case remains on appeal with the U.S. Court of Appeals for the Ninth Circuit. Thus the fate of Venezuelan TPS remains uncertain.

What Does This Mean?

While DHS has not taken action following the Supreme Court decision, Venezuelan TPS holders potentially face the loss of status or work authorization.

If you are under the 2021 designation for Venezuelan TPS, you are still protected until September 10, 2025.

If you are an employer, stay alert for an official update on the USCIS website’s I-9 central page and visit our Business Immigration Bulletin for updates on how this decision impacts your employees.

Next Steps

The fate of Venezuelan TPS remains undecided. Stay informed and be prepared for any outcome. Follow our Trump Immigration Bulletin for continued TPS and immigration updates.

If you’re a Venezuelan national concerned about your immigration status in light of these recent developments, contact us today at (470) 428-3200 to schedule a consultation with one of our top Atlanta immigration attorneys.

At Antonini & Cohen, we know how.