In an 8-1 decision on May 19, 2025, the U.S. Supreme Court granted an emergency appeal from the Trump administration that will allow Secretary of Homeland Security Kristi Noem to revoke Temporary Protected Status (TPS) for approximately 350,000 Venezuelans.  

Shortly after President Donald Trump returned to office, his administration sought to revoke the TPS protections that had previously been granted to Venezuelans by the Biden administration. Specifically, Secretary Noem revoked the extensions that would have allowed all Venezuelan TPS holders to keep their protections until October 2, 2026. 

In a ruling on March 31, 2025, a federal district judge blocked Secretary Noem’s attempt to revoke TPS for Venezuelans. However, the Supreme Court’s ruling, which was issued with no opinion, now reverses the lower court’s decision while litigation proceeds.  

At this time, only Venezuelans who were granted TPS under the 2023 redesignation will be immediately impacted by the decision. Until the U.S. Citizenship and Immigration Services (USCIS) provides additional guidance, it is unclear how the decision will affect Venezuelan TPS recipients who have already been granted TPS extensions and Employment Authorization Documents (EAD) through October 2, 2026.  

Venezuelans who were granted TPS through September 10, 2025 under the 2021 designation remain protected, although it is expected that the Trump administration will not extend the designation.  

TPS holders should consult with qualified immigration counsel at Foster LLP to evaluate legal options and address any questions they may have regarding the recent developments with the TPS program. Foster LLP will continue to monitor changes in immigration benefits and will provide additional updates via our firm’s website at fosterglobal.com.