Original Date Announced

Secretary of Homeland Security (DHS) Kristi Noem vacated the January 10, 2025, decision of former DHS Secretary Mayorkas to extend the 2023 TPS designation for Venezuela. Under the vacated extension, eligible Venezuelan TPS beneficiaries who wanted to extend their status through October 2, 2026--whether they initially registered for TPS under the March 9, 2021, TPS designation or the October 3, 2023, designation--would have to re-register from January 17, 2025, through September 10, 2025. The January extension determination also automatically extended the validity of certain Employment Authorization Documents (EADs) issued under the Venezuela TPS designations through April 2, 2026.

As a result of the vacatur, the 2023 Venezuela designation is once again set to expire on April 2, 2025, and a decision regarding the designation is due by February 1. Individuals from the 2021 and 2023 Venezuelan TPS cohorts who re-registered under the now-vacated extension will receive refunds of any fees paid. The automatic EAD extension is vacated.

Trump 2.0 [ID #1473]

Subsequent Trump and Court Action

Guidance for Venezuelan TPS beneficiaries to complete Form I-9, USCIS

On February 5, 2025, USCIS posted guidance on its website for Venezuelan TPS beneficiaries regarding Form I-9, Employment Eligibility Verification.

Subsequent Trump and Court Action

Termination of Designation of Venezuela for TPS

DHS issued a notice for public inspection stating that it would terminate the 2023 designation of Temporary Protected Status (TPS) for Venezuela in 60 days from the official publication of the termination notice. The official notice will publish in the Federal Register on February 5, 2025, so TPS under the 2023 designation will expire on April 6, 2025. DHS estimates that nearly 350,000 Venezuelans were eligible for TPS under the terminated designation.

This change does not apply to Venezuela's 2021 TPS designation or individuals whose status was granted under that designation.

Subsequent Trump and Court Action

2.19.2025 Complaint National TPS Alliance v. Noem

On February 19, 2025, the Center for Immigration Law and Policy at UCLA School of Law and the ACLU of Northern California filed a lawsuit on behalf of the National TPS Alliance and Venezuelan TPS holders challenging the Trump administration's vacatur of the Biden administration's TPS extension and the subsequent termination of Venezuelan TPS.

The complaint alleges that DHS' actions were illegal because "the TPS statute tightly regulates the conditions under which TPS decisions can be made" and "DHS has no authority to 'vacate' a prior TPS extension" without following the process prescribed by statute. Plaintiffs also claim that even if DHS has authority, the decision to vacate was arbitrary and capricious, violated the Administrative Procedure Act (APA), and was "motivated at least in part by racial animus, in contravention of the Fifth Amendment[.]" National TPS Alliance v. Noem, No. 25-cv-01766 (N.D. Cal.).

**Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**

Subsequent Trump and Court Action

2025.02.20_Complaint - Casa, Inc. v. Noem (D. Maryland)

On February 20, 2025, CASA, Inc. filed a lawsuit against DHS Secretary Kristi Noem in Maryland District Court, Southern Division, on behalf of its more than 2,000 member who have ties to Venezuela, many of whom are TPS beneficiaries. The complaint alleges that "Secretary Noem’s purported vacatur and termination are invalid" because "DHS lacks authority to 'vacate' a prior TPS extension" and can only terminate a TPS designation by following the procedural requirements and timeframe outlined by statute. Additionally, the complaint agues that Secretary Noem's decision was "motivated at least in part by racial animus" and therefore violates the U.S. Constitution which "forbids the federal government from discriminating against persons because of their race, ethnicity, or national origin." Casa v. Noem, No. 8:25-cv-00525 (D. Md.).

**Link to case here. See litigation note above**

Subsequent Trump and Court Action

2025.03.03 Complaint - Haitian-Americans United v. Trump

Lawyers for Civil Rights filed a lawsuit on behalf of immigration advocacy organizations and individuals to challenge the vacatur of the extension of the 2023 designation of TPS for Venezuelans and the termination of that designation as well as the reduction of duration of Haitian TPS. The lawsuit alleges that the rollbacks are unconstitutional and violate federal law. Haitian-Americans United v. Trump, No. 1:25-cv-10498 (D. Mass).

**Link to case here. See litigation note above**

Subsequent Trump and Court Action

2025.03.12 Reported: Venezuelan couple with TPS charged with illegal entry - LA Times

The Los Angeles Times reports that "[a] couple from Venezuela were arrested by federal immigration agents this week and charged with misdemeanor illegal entry, more than two years after their arrival at the southern U.S. border." According the husband's father, "[e]veryone in the family . . . has Temporary Protected Status and a pending asylum application."

Subsequent Trump and Court Action

2025.03.31 - Order Granting Plaintiffs' Motion to Postpone - National TPS Alliance v. Noem

Judge Edward Chen granted the plaintiff's motion in National TPS Alliance v. Noem to postpone the extension vacatur and termination of the 2023 TPS designation until the resolution of the litigation. Judge Chen found that the plaintiffs were likely to succeed on the merits of their claim that Secretary of Homeland Security Kristi Noem lacked authority to vacate the extension and terminate the TPS designation under the Immigration and Nationality Act, that the vacatur and termination were arbitrary and capricious under the Administrative Procedures Act (APA), and that "Plaintiffs have raised a substantial claim of unconstitutional animus" under the Fifth Amendment. Judge Chen further held that plaintiffs are entitled to nationwide relief under APA § 705, despite the government's request to limit relief to the named plaintiffs. National TPS Alliance v. Noem, No. 25-cv-01766 (N.D. Cal.).

**Link to case here. See litigation note above**

Subsequent Trump and Court Action

2025.04.02 USCIS - Continuation of 2023 Designation of TPS Venezuela

USCIS announced that in light of the March 31, 2025 order in National TPS Alliance v. Noem postponing the termination of TPS for Venezuela while litigation is pending, “the department will revert to the Federal Register notice that was published on Jan. 17, 2025.” Accordingly, the 2023 TPS designation for Venezuela remains extended through October 2, 2026 and Employment Authorization Documents (EADs) are automatically extended through April 2, 2026, “pending further litigation.”

Subsequent Trump and Court Action

2025.04.22 Reported - El Paso Matters: Venezuelan couple fights detention again even though 3 judges have said they should be released

El Paso Matters reported that the Venezuelan couple originally detained and charged with misdemeanor illegal entry by ICE in March 2025, have now been detained and held in ICE custody multiple times, even though federal judges have ordered their release on at least three separate occasions. Their latest detention occurred after traveling to El Paso to attend a pre-trial hearing on their criminal case. Before boarding a plane to Washington, D.C. at the El Paso airport, the couple was arrested and detained by ICE, reportedly because they had not yet appealed the withdrawal of their Temporary Protected Status – even though they still had time to appeal.

Subsequent Trump and Court Action

2025.05.19: Order Granting Stay - Noem v. National TPS Alliance

The Supreme Court granted a stay of the U.S. District Court for the Northern District of California’s March 31, 2025 order to postpone the vacatur and termination of the 2023 Venezuelan TPS designation in Noem v. National TPS Alliance. The stay, which allows the government to move forward with terminating TPS for Venezuelans protected under the 2023 designation, will remain in place pending resolution of the appeal in the Ninth Circuit and, if timely sought, a petition for a writ of certiorari before the Supreme Court. If the Court denies certiorari, the stay will automatically dissolve; if certiorari is granted, the stay will remain in effect until the Court issues its final judgment. Noem v. National TPS Alliance, 605 U.S. ___ (May 19, 2025).

**Link to case here. See litigation note above**

Subsequent Trump and Court Action

2025.08.29 Opinion - National TPS Alliance v. Noem

The Ninth Circuit affirmed Judge Edward Chen's March 31, 2025, postponement of Secretary Noem's attempt to rescind prior extensions of Temporary Protected Status (TPS) for Venezuelan nationals. Notably, the panel held that the TPS statute, which states that "[t]here is no judicial review of any determination . . . with respect to the designation, or termination or extension of a designation, of a foreign state under this subsection," did not bar review of whether Secretary Noem had the authority to vacate a prior TPS extension. On the merits, the panel held that plaintiffs were likely to succeed on their arguments that "the TPS statute does not authorize the vacatur of a prior grant of TPS," but declined to reach the plaintiffs' Equal Protection Clause argument.

The panel held that postponement of the agency action nationwide was necessary to provide "complete relief to the plaintiffs" and rejected the government's request to limit relief to the plaintiffs in the litigation. Because of the Supreme Court's stay order, the postponement will remain stayed while the government considers whether to seek certiorari from the Supreme Court. National TPS Alliance v. Noem, No. 25-2120 (9th Cir.).

**Link to case here. See litigation note above.**

Subsequent Trump and Court Action

2025.09.05 Order Granting Partial Summary Judgment - National TPS Alliance v. Noem

Judge Edward Chen granted the plaintiff's partial summary judgment motion in National TPS Alliance v. Noem to set aside the extension vacatur and termination of the 2023 TPS designation (and the partial vacatur of the Haiti TPS extension) and enters final judgment on those APA claims. National TPS Alliance v. Noem, No. 25-cv-01766 (N.D. Cal.).

**Link to case here. See litigation note above.**

Subsequent Trump and Court Action

2025.09.17 Order Denying Stay of Partial Summary Judgment - National TPS Alliance v. Noem

The Ninth Circuit denied the Government's motion for a stay pending appeal and an immediate stay of Judge Edward Chen's September 5, 2025, decision setting aside DHS's extension vacatur and termination decisions of the 2023 Venezuelan TPS designation. The Government did not seek a stay of the district court order setting aside the vacatur of the Haiti extension. National TPS Alliance v. Noem, No. 25-5724 (9th Cir.).

**Link to case here. See litigation note above.**

Subsequent Trump and Court Action

2025.10.02 Order Granting Motion for Class Certification - National TPS Alliance v. Noem

District Judge Trina Thompson granted plaintiffs' motion for class certification, allowing thousands of nationals from Nepal, Honduras, and Nicaragua to proceed collectively in challenging the termination of their TPS. The court rejected the government's argument that 8 U.S.C. § 1254a(b)(5)(A) stripped it of jurisdiction, asserting authority to review claims alleging the Secretary exceeded statutory power. In certifying the three nationwide classes under Rule 23(a) and Rule 23(b)(2), the court found that the claims shared commonality and typicality because the lawsuit challenges a system-wide practice or policy—the allegedly unlawful termination decision itself—which affects all class members uniformly by threatening the loss of their legal rights and protections, and because the classes appropriately seek uniform injunctive or declaratory relief. The court also affirmed that certifying nationwide classes is proper given the systemic nature of the claims and the geographic dispersion of the class members. National TPS Alliance v. Noem, No. 3:25-cv-05687 (N.D. Cal.).

**Link to case here. See litigation note above**

Subsequent Trump and Court Action

2025.10.03 Order Granting Stay of Partial Summary Judgment - Noem v. National TPS Alliance

The Supreme Court granted a stay of the U.S. District Court for the Northern District of California’s September 5, 2025, partial summary judgment order setting aside the extension vacatur and termination decisions of the 2023 Venezuelan TPS designation in Noem v. National TPS Alliance. The stay, which allows the government to move forward with terminating TPS for Venezuelans protected under the 2023 designation, will remain in place pending resolution of the appeal in the Ninth Circuit and, if timely sought, a petition for a writ of certiorari before the Supreme Court. If the Court denies certiorari, the stay will automatically dissolve; if certiorari is granted, the stay will remain in effect until the Court issues its final judgment. The government did not request a stay of the district court order with respect to the vacatur of the Haiti TPS extension and the Court.

In a brief, unsigned emergency order, the justices mentioned their prior order granting a stay of a preliminary order in this matter and stated that “although the posture of the case has changed, the legal arguments and relative harms generally have not.” Justices Kagan, Sotomayor, and Jackson would have denied a stay and Justice Jackson in her dissent called this a “grave misuse” of the Court's emergency docket. Noem v. National TPS Alliance, 606 U.S. ___ (October 3, 2025).

**Link to case here. See litigation note above.**