TPS Protections removed for Certain Noncitizens
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APPLIES TO All Employers |
EFFECTIVE As Indicated |
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Discussion
On May 30, 2025, through an emergency order, the United States Supreme Court stayed the U.S. District Court of the District of Massachusetts’ ruling that early termination of a noncitizen’s legal status must be reviewed on a case-by-case basis thereby pausing termination of humanitarian parole status, or temporary protected status (TPS), for individuals for Cuba, Haiti, Nicaragua, and Venezuela. The district court’s ruling is currently being appealed in the U.S. Court of Appeals for the First Circuit.
The Supreme Court’s ruling effectively allows suspending TPS protections from Cuba, Haiti, Nicaragua, and Venezuela. This follows a May 19, 2025, Supreme Court order in National TPS Alliance v. Kristi Noem that granted an emergency stay of a ruling from the U.S. District Court for the Northern District of California postponing cancellation of TPS designations for individuals from Venezuela. The Supreme Court’s ruling reversed the temporary pause of the cancellation of TPS designations allowing it to resume pending a final decision from the district court.
Employers should note that these two orders allow individuals from the above-named countries to lose TPS benefits, including work authorization, and be removed from the United States. TPS beneficiaries who received TPS-related employment authorization documents, Forms I-797, Notices of Action, and Forms I-94 issued with October 2, 2026 expiration dates on or before February 5, 2025 will maintain that status, and their documentation will remain valid during the course of the underlying litigation.
Subsequently, U.S. Citizenship and Immigration Services (USCIS) updated its website on June 6, 2025 to state that work authorization for Venezuelans with TPS under the October 3, 2023 designation has terminated as of April 7, 2025. The website notice cites the February 5, 2025 Notice of Termination of the October 3, 2023 Designation of Venezuela for Temporary Protected Status which originally terminated the 2023 TPS designation. The termination is in line with the May 19, 2025 Supreme Court order in National TPS Alliance v. Kristi Noem.
All TPS-related documentation with a validity date of October 2, 2026, received after February 5, 2025, is no longer valid and those individuals under the 2023 designation no longer have TPS. TPS under the 2021 designation for Venezuela remains in effect through September 10, 2025. Employers should consult with their legal counsel if they have workers from Cuba, Haiti, Nicaragua, and Venezuela under the TPS program.
Action Items
- Review employee TPS status with legal counsel for compliance with work authorization requirements.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase