TPS Termination

Supreme Court Lifts Block on TPS Termination for Some Venezuelan Nationals

Maggio Kattar

On May 19, 2025, the U.S. Supreme Court ruled that the federal government may proceed with the previously announced termination of Temporary Protected Status (TPS) for Venezuelan nationals granted TPS under the October 2023 designation.

Although the Department of Homeland Security (DHS) had originally scheduled the termination of that designation for April 7, 2025, the implementation had been blocked by a court order. Due to the court order (injunction), individuals with TPS under the 2023 designation were still authorized to remain and work in the U.S.

The Supreme Court has lifted this injunction. DHS may now implement the termination as previously scheduled, but the actual loss of work authorization would occur prospectively, not retroactively.

We are now awaiting updated guidance from DHS on the effective date of the termination and any applicable wind-down period.

đź“Ž Related article: Staying Compliant with I-9 Rules Amid Changing Work Authorization Policies

What The TPS Termination For Some Venezuelan Nationals Means For Employers:

  • This ruling does not affect individuals with TPS under the 2021 Venezuela designation, which remains valid unless and until separately terminated.
  • Employers are not expected to determine which designation an employee received and should not inquire about immigration status or nationality unless reverification is required under standard I-9 rules.

Recommended Employer Actions:

  1. Review I-9 Documentation:
    Identify any employees whose work authorization is based on TPS. If reverification is due soon, be aware that the basis for that authorization may be affected by upcoming DHS action.
  2. Do Not Take Immediate Action:
    Work authorization based on the 2023 designation remains valid until DHS formally announces the effective date of termination. Do not suspend, reverify, or terminate employees based on this ruling alone.
  3. Prepare a General Reminder to Employees:
    Employers may remind all employees—without singling anyone out—that they are responsible for notifying the company if their work authorization changes. This is a best practice for I-9 compliance.
  4. Stay Tuned for DHS Guidance:
    We expect DHS to issue formal guidance on the implementation timeline for this TPS termination. Maggio Kattar will provide an update as soon as that information is released.

Bottom Line:
While the Supreme Court decision clears the way for TPS termination for some Venezuelan nationals, no immediate action is required unless DHS announces an effective date. Employers should stay alert, avoid assumptions, and rely on counsel before taking any employment-related steps.

For assistance assessing your workforce or updating compliance procedures, please contact your Maggio Kattar attorney.