What does the U.S. Supreme Court's ruling mean for Venezuelan and Haitian TPS holders?

What is the current status of Venezuela's 2023 TPS designation?

On May 19, the U.S. Supreme Court revoked the preliminary protection that the district court granted on March 31 in NTPSA v. Noem, a federal court case brought by the National TPS Alliance and individual TPS holders.

As a result of the court's decision, the Trump administration can implement the termination of Venezuela’s 2023 TPS designation announced on February 5, at any time. Check the USCIS website for the most updated information on whether the termination has taken effect.

What is the current status of Venezuela's 2021 TPS designation?

Venezuela’s 2021 TPS designation remains in effect. If you hold TPS under the 2021 Venezuela designation, your TPS and work authorization remain valid until September 10, 2025. However, you can no longer rely on the automatic extension of employment authorization documents through April 2, 2026 announced in the January 17, 2025 Extension.

What happens next in NTPSA v. Noem?

Since the Supreme Court is the highest court in the United States, unfortunately there is nowhere that we can appeal its decision. But the case is not over. The Supreme Court’s decision concerns only whether the district court properly granted preliminary relief while it considered the case. The Supreme Court’s order also suggested that Venezuelan TPS holders who received a notice from USCIS extending their work authorization and/or TPS under the January 2025 extension might still have a claim that, while the litigation continues, they are entitled to the rights provided by those notices (which in many cases is only work authorization and NOT protection from deportation)

The case continues to move forward in the district court. On May 29, a federal judge preserved protections for 5,000 Venezuelans who received a notice from USCIS extending their work authorization and/or TPS under the January 2025 extension. A hearing on the plaintiffs’ request for final relief is set for July 11, 2025. If plaintiffs prevail, the district court may enter new protection for Venezuelan TPS holders. That could result in renewed work authorization and lawful status through October 2, 2026 for Venezuelans who hold TPS under the 2023 designation.

Does the Supreme Court’s Decision affect Haitian TPS holders?

Not directly. Plaintiffs in NTPSA v. Noem still plan to seek relief for Haitian TPS holders in the district court and the district court can still grant that request. If plaintiffs prevail, the July 1, 2024 extension of Haiti’s TPS designation through February 3, 2026 would once again be in effect and work authorization and lawful status for Haitian TPS holders would remain in place through that time.