With Judge Blocking Termination of Venezuelan TPS - What's Next?
By James Larsen, Managing Attorney
Yesterday, a federal judge in California blocked the Trump Administration's attempt to end temporary protected status for over 600,000 Venezuelans. The decision came just days before many were set to lose their employment authorization, preventing what the judge described as "subjecting them to possible imminent deportation back to Venezuela." Citing the State Department's designation of Venezuela as a "Level 4: Do Not Travel" country due to extreme risks, the court recognized the dire consequences of such a termination.
While many Venezuelans are celebrating the reversal, a significant number, especially those whose employment authorization cards were set to expire tomorrow, are likely left wondering what steps they need to take, if any, to continue to work in the United States.
For that we look to the Federal Register :: Extension of the 2023 Designation of Venezuela for Temporary Protected Status that was published in January of this year when the Biden Administration extended TPS.
In short, most Venezuelans with TPS can present their employment authorization card in combination with a copy of the federal register notice as evidence of continue work authorization. Employers should not require them to present a new employment authorization document if they qualify for the automatic extension of TPS.
Can My TPS-Related EAD Be Automatically Extended?
Yes. There are two ways for your TPS-related EAD to be automatically extended. First, if you already have an EAD with a “Card Expires” date of September 10, 2025, April 2, 2025, March 10, 2024, or September 9, 2022, this Federal Register notice automatically extends it through April 2, 2026 without any further action on your part. You do not need to present this FRN or any other additional documentation other than your EAD to use this automatic extension.
Second, you may also be eligible for a longer automatic extension of up to 540 days from the “Card Expires” date on the EAD if you file your Form I-765 EAD renewal application during the re-registration period of January 17, 2025, through September 10, 2025 (“Up to 540-Day Automatic EAD Extension”).[54] See the section “How can I receive an automatic extension of my current TPS EAD for up to 540 days from the “Card Expires” date on the EAD by filing an EAD renewal application (“Up to 540-Day Automatic EAD Extension”)?” of this Federal Register notice for more information. Your EAD may be eligible for both types of extensions, but in no case will your EAD automatic extension be valid past October 2, 2026. If you take advantage of both types of EAD extensions, the automatic extension periods run concurrently.
Unprecedented Legal Action Against TPS
The ruling yesterday emphasized the unprecedented nature of vacating an existing TPS designation, a step never taken in the 35-year history of the program. The judge rejected the administration’s rationale, noting that the attempt to terminate TPS lacked legal justification and was based on unfounded negative stereotypes.
The court highlighted that, contrary to assertions made by Secretary Noem and other officials, Venezuelan TPS beneficiaries exhibit strong contributions to the U.S. economy. Studies cited in the ruling show that Venezuelan TPS holders have higher education attainment than most U.S. citizens (with 40-54% holding bachelor's degrees), high labor participation rates (80-96%), and a strong financial footprint, earning nearly all of their personal income (96%) and contributing billions to the U.S. economy, including social security taxes. Furthermore, the data confirms that Venezuelan TPS holders have lower rates of criminality than the general U.S. population.
Public Safety and Economic Implications
Beyond economic contributions, the ruling underscored the public safety risks of terminating TPS. The judge noted that fears of detention and deportation deter undocumented immigrants from seeking medical care, which can have broader public health ramifications. Similarly, immigrants without legal status are less likely to report crimes or testify in court, undermining effective law enforcement and public safety.
Legal Errors and Discriminatory Rhetoric
The judge found the Secretary’s actions to be "arbitrary and capricious," concluding that the plaintiffs demonstrated a likelihood of success on the merits. The ruling also highlighted discriminatory statements made by Secretary Noem, dating back to early 2024. Throughout her public statements, Noem falsely linked Venezuelan TPS holders to crime, falsely asserting that Venezuela had "emptied its prisons" into the U.S. and that TPS beneficiaries imposed excessive burdens on American communities.
The decision pointed to specific instances where Noem’s rhetoric was consistent with longstanding racial stereotypes. The ruling cited legal precedent emphasizing that using race or ethnicity as a proxy for criminal behavior is both discriminatory and legally indefensible.
What’s Next for Venezuelan TPS Holders?
Following this ruling, many Venezuelans have been wondering whether they must re-register for TPS and renew their employment authorization documents. The previous federal register notice outlines these next steps, and TPS beneficiaries should monitor official updates closely.
For now, the court’s decision halts the administration’s efforts, providing relief to Venezuelan TPS holders. However, ongoing legal challenges are expected as the administration continues to appeal the ruling.
Venezuelans are encouraged to re-register their TPS and file an employment authorization application if they have not already done, though, as noted above, many of them may already benefit from an automatic extension of employment authorization.
In conducting Form I-9 compliance, employers should be careful not to reject the documents of Venezuelans who are properly work authorized pursuant to the automatic extension provisions of TPS. For more guidance on this subject, please contact your Larsen Immigration.
Immigration law changes rapidly. This article is for informational purposes only, reflects the law as of its publication date, and may be superseded by later changes in the law, regulations or agency policy. It is not legal advice, and reading it does not create an attorney-client relationship.La ley de inmigración cambia rápidamente. Este artículo es solo para fines informativos, refleja la ley a la fecha de su publicación y puede quedar superado por cambios posteriores en la ley, las regulaciones o las políticas de las agencias. No es asesoría legal, y leerlo no crea una relación abogado-cliente.