On May 19, 2025, the U.S. Supreme Court effectively granted the Department of Homeland Security (DHS) the ability to rescind Temporary Protected Status (TPS) and its related employment benefits for Venezuelan nationals granted protection under the 2023 designation of the country, pending appeal of the matter before the Ninth Circuit Court of Appeals.
In an emergency application filed with the Supreme Court, DHS sought to stay the preliminary injunction imposed by the California District Court which postponed the Department’s earlier attempt to rescind protections for Venezuelans under the 2023 TPS designation by April 2, 2025.
The grant of the stay does not immediately revoke the protections and employment-related benefits for such individuals. However, employers and affected individuals can expect an imminent announcement from DHS seeking to, once again, implement their prior directive and immediately terminate TPS and its related benefits for all individuals under the 2023 designation for Venezuela. In the interim, the underlying merits of the case, challenging the cancellation of TPS for Venezuela, remain pending with the Ninth Circuit. The Ninth Circuit intends to begin hearing oral arguments on the underlying matter in July.
Venezuelan nationals granted TPS under the 2021 designation of the country remain unaffected. However, such individuals should not expect any extensions of TPS once the 2021 designation date for Venezuela ends on September 10, 2025.
Littler will continue to monitor this situation as it develops and provide updates, alongside similar matters affecting employment statuses of individuals before the various federal courts.
