Updates on TPS Venezuela 2021 and 2023: What protections remain?

The Temporary Protected Status (TPS) program for Venezuelans has been under attack since Department of Homeland Security (DHS) Director Noem opted to terminate the Venezuela 2023 program earlier this year. She also vacated the extension for TPS Venezuela 2023 and 2021 which was issued by the Biden administration on January 17, 2025. You can read about the TPS program here. Litigation has been ongoing ever since, and the last few weeks have brought devastating changes for the 600,000 Venezuelans who are living in the United States lawfully under the program. Here’s what is new: 

• On September 5, 2025 U.S. District Court Judge Edward M. Chen held that DHS’s cancellation of TPS for Venezuela and Haiti violated U.S. law. 

• • This decision restored the January 17, 2025 extension of TPS Venezuela for both the 2021 and 2023 groups, which granted an extension of TPS status and work authorization through October 2, 2026. 

• • In order to take advantage of the extension, both groups needed to re-register prior to September 13, 2025 if they had not already done so earlier in the year. 

• On October 3, 2025, the Supreme Court stayed Judge Chen’s order while DHS appeals his decision.  

• • This means that the January 17, 2025 extension protections no longer apply to either TPS Venezuela 2021 or 2023. 

• • TPS status is terminated for the 350,000 individuals of the Venezuela 2021 group and are now vulnerable to removal proceedings. 

• On September 8, 2025, DHS published a notice to terminate the TPS Venezuela 2021 program 

• • The termination takes effect 60 days after the notice date. Thus, TPS status and employment authorization is auto-extended until November 7, 2025 for the 2021 group. Individuals may present their TPS-related EAD with a Sept. 10, 2025; March 10, 2024; or Sept. 9, 2022, expiration date in addition to the Federal Register Notice as proof of the auto-extension.  

• Do any Venezuelans have TPS protection? 

• • Unfortunately, the USCIS website has posted conflicting and confusing information on their website regarding the validity of TPS and EAD work permits for individuals who previously registered. Based on the recent decision by the Supreme Court on October 3, the only individuals who continue to have TPS protections are the members of the Venezuela 2021 group through November 7, 2025.  

• • However, it appears that USCIS is honoring the EAD work permits which were issued prior to February 5, 2025 with a validity date of October 2, 2026. This is likely due to the fact that from January 17, 2025 to February 5, 2025, DHS had not yet terminated the TPS program and the extension of both 2021 and 2023 groups was in effect at that time. 

If you have questions about TPS status or wish to consult with one of our immigration attorneys about alternatives to TPS status, including asylum, employment based options and more, please contact our skilled attorneys at Minsky, McCormick & Hallagan, P.C. at (312) 427-6163 or schedule a consultation online.