Court blocks termination of TPS for Venezuelans: Protections stay in place for now
A federal judge in California has temporarily halted the effort of the U.S. Department of Homeland Security to terminate Temporary Protected Status – known as “TPS” – for Venezuelans. The ruling applies to approximately 350,000 individuals who would otherwise have lost their protections and authorizations to work in the United States.
The March 31 preliminary injunction issued by Judge Edward Chen (an Obama appointee) pauses the DHS’s plan to vacate an 18-month extension of TPS for Venezuelans. Judge Chen concluded that the plaintiffs were likely to succeed in their claims that the agency’s actions were unauthorized, procedurally deficient, and potentially motivated by improper considerations.
The lawsuit was filed by the National TPS Alliance, a grassroots organization representing TPS holders, and seven individual Venezuelan TPS holders. The plaintiffs contend that the DHS plan puts them at risk of deportation and the loss of their livelihoods, despite longstanding residence and community ties in the United States. They also argue that the DHS did not have legal authority to vacate the extension, and did not comply with the Administrative Procedure Act.
In 2023, the Biden Administration extended TPS for certain Venezuelan nationals and redesignated Venezuela for TPS, allowing more recent arrivals to apply. This 2023 redesignation was set to expire on April 2, 2025. Then, in January 2025, just before leaving office, the DHS extended that designation through October 2, 2026 and consolidated the re-registration process for all Venezuelan TPS holders.
However, on January 28, 2025, shortly after President Trump took office, DHS Secretary Kristi Noem vacated that extension, and on February 5, the DHS formally terminated the 2023 TPS designation, with the termination taking effect in April 2025.
Judge Chen asserted that the DHS rationale relied on “negative stereotypes casting classwide aspersions” and lacked evidentiary support. In the judge’s view, “the Secretary’s action threatens to inflict irreparable harm on hundreds of thousands of persons whose lives, families, and livelihoods will be severely disrupted, cost the United States billions in economic activity, and injure public health and safety in communities throughout the United States.”
Judge Chen’s order temporarily preserves legal status and employment authorization for Venezuelan TPS holders while the case is litigated. It is possible that the DHS will ultimately prevail.
This ruling does not affect the administration’s announced termination of the humanitarian parole programs for Cuban, Haitian, and Nicaraguan nationals. However, multiple federal lawsuits challenging that termination are pending, and we are closely monitoring those proceedings.
If you have questions about how this may affect your workforce, please contact any member of Constangy’s Immigration Practice Group.
