Uncertainty Continues for TPS Status for Venezuela

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Quick Look

  • USCIS has announced the termination of Venezuela’s 2021 TPS designation, effective November 7, 2025, following its expiration on September 10, 2025.
  • Ongoing litigation has created legal uncertainty, as the Ninth Circuit ruled that DHS may have exceeded its authority in attempting to vacate prior TPS extensions.

Discussion

USCIS Announces Termination of 2021 Designation of Venezuela for TPS

 

On September 8, 2025, USCIS announced that the Secretary of Homeland Security is terminating the 2021 designation of Venezuela for Temporary Protected Status (TPS). After reviewing country conditions and consulting with appropriate U.S. Government agencies, the Secretary determined that Venezuela no longer continues to meet the conditions for the 2021 designation for TPS. The 2021 designation of Venezuela is set to expire on September 10, 2025, and the termination is effective November 7, 2025. After November 7, 2025, nationals of Venezuela (and aliens having no nationality who last habitually resided in Venezuela) who have been granted Temporary Protected Status under Venezuela’s 2021 designation will no longer have Temporary Protected Status.

 

That said, this administrative action exists alongside ongoing litigation that has created significant uncertainty regarding TPS status for Venezuela.

 

Ninth Circuit Ruling: Legal Challenge to DHS Termination Actions

 

On August 29, 2025, the U.S. Court of Appeals for the Ninth Circuit upheld a district court’s preliminary injunction that postponed the Department of Homeland Security’s (DHS) February 2025 Notices vacating the 2023 TPS redesignation and terminating the consolidated extension granted in January 2025.

 

In reaching its decision, the court emphasized that the TPS statute provides a specific framework for designation, extension, and termination, but not for vacatur. The court held that DHS’s attempt to undo the 2023 extension via informal notice exceeded its statutory authority.

 

Impact and Limitations of the Ruling

 

Despite the Ninth Circuit’s decision, the district court’s injunction remains stayed due to a Supreme Court order issued on May 31, 2025. This stay means that the 2023 TPS redesignation remains officially terminated for now, and the Ninth Circuit’s ruling has no immediate practical effect unless the Supreme Court lifts the stay or declines to review the case.

 

Meanwhile, there was no discussion as to whether the September 10, 2025, date was stayed or vacated, or whether the extension through October 2, 2026, would be restored. Given the complexity and time-sensitive nature of these developments, employers are strongly encouraged to coordinate closely with immigration legal counsel in evaluating employee work authorizations.

 

Action Items

  1. Review employee I-9 documentation and EADs.
  2. Consult with legal counsel regarding impact of TPS termination and pending litigation.

 

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