Supreme Court Permits Recission of Temporary Protected Status for Venezuelans While Lower Court Temporarily Preserves Status

On May 19, 2025, the U.S. Supreme Court granted the government’s request to lift a federal district court order halting the Department of Homeland Security’s (DHS) rescission of Temporary Protected Status (TPS) for Venezuelans under a 2023 designation but permitted plaintiffs to challenge the invalidation of already-issued TPS documents.

A  lower federal district court subsequently issued an order preserving the validity of employment authorization documents, Form I-797 notices of action, and Forms I-94 issued to Venezuelan TPS holders with an Oct. 2, 2026, expiration date, while litigation on the broader issue of termination of the 2023 Venezuela TPS designation continues.

The Details

Background

Under the rescission, previously announced in a Federal Register Notice on Feb. 5, 2025, Venezuelans who registered for TPS under an October 3, 2023, designation of Venezuela for TPS, would have lost their TPS-based work authorizations on April 2, 2025, while TPS itself would have expired on April 7, 2025. 

On March 31, 2025, a federal district court issued a nationwide order blocking the decision to terminate the 2023 TPS designation for Venezuela and the government appealed.  DHS sought to stay the preliminary injunction imposed by the federal district court.

The Supreme Court Decision

On May 19, 2025, the Supreme Court granted the DHS’ request to stay the preliminary injunction issued by the district court.  The Supreme Court specifically noted that its Order  does not preclude challenges to any DHS actions that seek to invalidate TPS documents, including work authorizations issued with an October 2, 2026 expiration date.

The Lower Court Decision

Based on the Supreme Court order mentioned above, the plaintiffs filed a challenge with the federal district court. On May 30, 2025, the federal district court temporarily reinstated TPS protection and work authorization for Venezuela Temporary Protected Status (TPS) holders  under the 2023 Venezuela TPS designation while litigation continues on the validity of DHS’s termination of the 2023 designation.  The government is likely to appeal the district court order.  

Next Steps

·      For now, TPS will remain valid for current beneficiaries of the 2021 Venezuela TPS designation through September 10, 2025. A decision on whether to extend the 2021 designation must be made by DHS by July 12, 2025.

·      For now, the lower federal district court order issued in connection with the 2023 TPS designation for Venezuela effectively reinstates the validity of employment authorization documents based on their expiration dates (e.g. Oct.  2, 2026 unless otherwise noted on the face of the document).   

·      Impacted clients should consider consulting with counsel regarding their circumstances to develop risk mitigation strategies, communicate any changes to affected employees, and ensure all employment practices remain in compliance with immigration regulations.

·      ADP will continue to monitor the situation and provide updates as they become available.