On May 19, 2025, the U.S. Supreme Court authorized the Trump administration to revoke Temporary Protected Status (TPS) for approximately 350,000 Venezuelans—a program initially implemented by the Biden administration in response to the humanitarian crisis in Venezuela.

What happened?

The Supreme Court lifted a prior injunction that had blocked the cancellation of TPS for Venezuelans, allowing the Department of Homeland Security (DHS) to move forward with terminating this immigration protection.

Who is affected?

The primary individuals affected are Venezuelans who benefited from the 2023 redesignation of TPS, which extended protection until October 2026.

What are the implications of this decision?

• Loss of legal status and work authorization: TPS recipients could lose their lawful immigration status and the work permits tied to it.

• Risk of deportation: Without TPS, individuals may face removal proceedings if they do not qualify for another form of immigration protection.

• Community impact: The end of TPS could significantly disrupt communities, affecting local economies and social stability.

Can this decision be appealed?

Yes. Although the Supreme Court allowed the cancellation to proceed, legal avenues remain open in lower courts to challenge the decision, especially if it is argued that the revocation was arbitrary or discriminatory.

Can they be deported immediately?

Not necessarily. Recently, the Supreme Court blocked the use of the 1798 Alien Enemies Act, which the Trump administration attempted to invoke to fast-track deportations without due process. This means affected immigrants still have the right to a hearing and legal procedures before being removed.

Who is at risk?

• TPS beneficiaries from the 2023 redesignation are the most directly impacted.

• Individuals without another form of immigration relief or pending applications may also face deportation risk.

Possible legal scenarios:

1. Class action or individual lawsuits may be filed to:

   • Protect valid work permits (EADs) until their expiration dates.

   • Prevent immediate detention or deportation of those with active EADs.

2. Courts could order that certain benefits be preserved for a specific period, even if TPS is terminated.

What about TPS-based work permits (EADs)?

If someone received a valid work permit through TPS:

• The government cannot revoke or invalidate it without due process.

• Any attempt to cancel it immediately or retroactively could be challenged in court, because:

  • The individual legally obtained a benefit.

  • Revoking it without notice or a chance to respond would violate due process rights.

What should affected individuals do?

• Consult with an immigration attorney: It’s essential to explore other immigration options like asylum, humanitarian visas, or family-based status adjustments.

• Check the validity of your documents: Verify expiration dates on work permits and other legal documents.

• Stay informed: Follow updates from official sources and immigrant advocacy organizations for news and protection opportunities.

👉Why having a pending immigration case protects you now more than ever

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