Recent Developments Regarding Temporary Protected Status for Venezuela

The Ninth Circuit Court of Appeals has issued a decision concerning Temporary Protected Status (TPS) for Venezuela.  The government is expected to appeal.

The Details

The Court of Appeals decision upholds a lower court's previous ruling that delayed actions of the Department of Homeland Security (DHS) terminating the TPS designation for Venezuela.  However, the U.S. Supreme Court had previously issued a stay on that lower court ruling.  The Supreme Court's stay means that the current expiration dates (below) remain in effect while legal challenges continue.

At present, the 2021 TPS designation remains valid for beneficiaries until September 10, 2025 and the 2023 Venezuela TPS designation remains expired as of early April 2025.   The designation would only be reinstated if the U.S. Supreme Court either affirms the Ninth Circuit decision or declines to consider the government’s appeal.

Next Steps

• Impacted clients should consider consulting with legal counsel as needed to help determine continuing impacts to their employees, develop a communication strategy and consider alternative employment authorization pathways as needed.
• ADP will continue to monitor the situation and provide updates as they become available.