Legal update on TPS Employees from Venezuela

By Mary Kate Fernandez, Adams and Reese.

Learn about the details of a recent court decision affecting the Temporary Protected Status (TPS) of employers and workers from Venezuela.  

You've likely heard about the uncertainty and changes surrounding U.S. immigration policies lately. One such change surrounds the Temporary Protected Status (TPS) of employers and workers from Venezuela. In a new case, a federal court has postponed the termination of this status for Venezuela as designated in 2023. Now, pending further litigation, TPS for Venezuela will extend through at least April 2, 2026.  

Keep reading to learn more from our Adams and Reese experts about this decision, the court’s findings and how this will affect things like the continued validity of associated Employment Authorization Documents (EADs).  

Background: What prompted the legal challenge?

In January 2025, the Trump administration rescinded a DHS (Department of Homeland Security) notice that had extended Venezuela’s TPS designation through October 2, 2026. This reversal would have caused hundreds of thousands of TPS holders to lose status and work authorization by April 2, 2025.

The decision was justified by the administration on broad “national interest” grounds, citing:

• Resource constraints on local communities
• Public safety concerns, including alleged gang affiliations
• A desire to limit humanitarian-based immigration relief

In response, seven Venezuelan TPS holders and the National TPS Alliance filed a lawsuit National TPS Alliance v. Noem, No. 3:25-cv-01766 (N.D. Cal. filed Feb. 19, 2025), asserting that the rollback:

• Violated the Administrative Procedure Act (APA) as arbitrary and procedurally improper
• Was based on discriminatory and unfounded assumptions
• Ignored the positive social and economic contributions of TPS holders to the U.S.

Court’s findings

On March 31, 2025, the U.S. District Court for the Northern District of California sided with the plaintiffs and issued a preliminary injunction. The court ordered DHS to reinstate the 2023 designation and maintain associated protections for TPS holders.

The court found that:

• DHS’s actions were legally insufficient and procedurally flawed
• Venezuelan TPS holders have high workforce participation, above-average education levels and low rates of criminality
• The rollback was potentially motivated by racial or national origin bias; and
• Deporting individuals back to Venezuela would be dangerous, citing the State Department’s “Level 4: Do Not Travel” advisory

What this means for employers and TPS holders:

For employers:

• Automatic EAD Extension: EADs with category codes A12 or C19 and expiration dates of:
  • September 9, 2022
  • March 10, 2024
  • April 2, 2025
  • September 10, 2025  
    ... are now automatically extended through April 2, 2026.
• No new EAD required for continued employment.
• Employers may update Form I-9 by referencing the employee’s current EAD and the Federal Register notice or USCIS alert confirming the extension.

For TPS holders:

• Individuals under either the 2021 or 2023 designations may re-register through a consolidated process.
• TPS and work authorization are valid through at least April 2, 2026.
• Keep copies of your EAD and Form I-797 Notice of Action to show proof of status for work, ID and benefits.

Conclusion

We will continue to monitor the litigation and share updates as they become available.

Original article and photo source: Adams and Reese

About Mary Kate Fernandez

Mary Kate Fernandez focuses her practice exclusively on business immigration, representing employers across a range of industries. With experience guiding clients through U.S. immigration regulations, she helps businesses sponsor and retain skilled talent from around the world. She also assists employers in addressing a wide range of employment issues related to immigration and international employment, ensuring they remain compliant with regulations. Fernandez has established contacts and experience liaising with the Department of Labor (DOL), U.S. Citizenship and Immigration Services (USCIS), U.S. Coast Guard (USCG), Department of State (DOS) and U.S. consulates worldwide. This network enables her to guide clients effectively through regulatory requirements across different jurisdictions.