On May 19, 2025, the U.S. Supreme Court authorized the Donald Trump administration to revoke the Temporary Protected Status (TPS) granted to approximately 350,000 Venezuelans, a measure that had been implemented by the Biden administration due to the humanitarian crisis in Venezuela.
What happened?
The Supreme Court lifted a prior injunction that prevented the cancellation of TPS for Venezuelans, thereby allowing the Department of Homeland Security (DHS) to proceed with the termination of this immigration status.
Who are the affected parties?
The main ones affected are Venezuelans who benefited from the 2023 TPS redesignation, which extended protection until October 2026.
What implications does this decision have?
- Loss of legal status and employment authorization: TPS beneficiaries could lose their legal immigration status and associated work permits.
- Deportation risk: Without TPS, these individuals could be subject to deportation proceedings if they do not qualify for another type of immigration protection.
- Community Impact: The revocation of TPS could have significant consequences in the communities where these immigrants reside, affecting the local economy and social cohesion.
Can this decision be appealed?
Legal appeals: Although the Supreme Court has allowed the cancellation of TPS, legal avenues still exist to challenge this decision in lower courts, especially if it is argued that the revocation was arbitrary or discriminatory.
Can they be deported immediately?
Immediate deportation: Not necessarily. Recently, the Supreme Court blocked the use of the 1798 Alien Enemies Act, which the Trump administration had attempted to use to expedite deportations without due process of law. This means that the affected immigrants still have the right to hearings and other legal proceedings before being deported.
Who is at risk?
2023 TPS Beneficiaries
Individuals without any other immigration status: Those who have no other form of immigration protection or pending applications could be at risk of deportation.
Possible legal scenarios:
- Class actions or individual lawsuits could apply for:
- Protect valid work permits until their expiration date.
- Prevent immediate detentions or deportations of individuals with active EADs.
- The courts could order that certain benefits be respected for a specified period, even if the TPS has already been canceled.
What will happen to the employment authorization documents (EADs) issued under TPS?
If a person has already received a valid work permit based on your approved TPS:
- The government You cannot simply revoke or invalidate it without following due process.
- If they tried to cancel it immediately or retroactively, That could be contested in court, since:
- The person received a benefit legally.
- Cancel it without notice or the right to a defense it would violate principles of due process.
Why having a pending immigration case protects you now more than ever
What should they do?
Consult with an immigration lawyer: It is crucial to obtain legal counsel to explore other immigration options, such as asylum, humanitarian visas, or status adjustments through family ties.
Review the validity of your documents: Verify the validity of work permits and other legal documents, and stay informed about any changes in their immigration status.
Stay informed: Follow updates from official sources and immigrant support organizations to stay informed about new legal developments and protection opportunities.
Do You Need Help with Your Immigration Status?
If you have questions about your case, or are ready to take the next step and fix your papers, we are here for you.
In Eagan Immigration, we have helped thousands of immigrants across the country obtain work permits, legal protection, and peace of mind.
Call us at 202-709-6439 o click here for a consultation directly with attorney Lauren Eagan.
This information is for educational purposes only and does not constitute legal advice.