On March 31, 2025, a California federal court in National TPS Alliance v. Noem granted the plaintiffs’ motion to postpone the actions taken by Department of Homeland Security (DHS) Secretary Kristi Noem regarding the 2023 Venezuela Temporary Protected Status (TPS) Designation. Specifically, the order postponed Secretary Noem’s decisions to vacate the TPS extension previously implemented under former Secretary Alejandro Mayorkas and to terminate the 2023 TPS Designation for Venezuela. The judge’s postponement order applies nationwide.
Background
Venezuela was initially designated for TPS on March 9, 2021, on the basis of “extraordinary and temporary conditions in Venezuela that prevented nationals of Venezuela from returning in safety.” See 86 FR 13574 (Mar. 9, 2021) (the “2021 designation”). On October 3, 2023, the TPS designation was extended for 18 months and the country, separately, was redesignated for TPS for another 18 months based upon the same factual circumstances and legal considerations (the “2023 designation”).
On January 17, 2025, former DHS Secretary Alejandro Mayorkas extended TPS for Venezuela for 18 months, beginning on April 3, 2025, and ending on October 2, 2026. This included automatic work authorization extension for such individuals through April 2, 2026, with the ability to receive new employment authorization document (EAD) cards with an expiration of October 2, 2026.
On January 28, 2025, three days after Secretary Noem took office, the Department...
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