In a major development for employers and workers relying on Temporary Protected Status (TPS), a federal court has postponed the termination of TPS for Venezuela (under the 2023 designation) through at least April 2, 2026, pending further litigation. USCIS has since issued formal guidance confirming the continued validity of associated Employment Authorization Documents (EADs).
Below is a summary of what led to this decision, the court’s findings, and what employers should know to remain compliant.
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In January 2025, the Trump administration rescinded a DHS (Department of Homeland Security) notice that had extended Venezuela’s TPS designation through October 2, 2026.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; and
- 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; and
- 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.
