Today, the US Supreme Court ruled that the Trump administration may rescind temporary protected status (TPS) previously granted to more than 300,000 Venezuelan immigrants.
In February, DHS Secretary Kristi Noem announced the rescission of Venezuela’s TPS designation under the Executive Order “Protecting the American People Against Invasion.” Immediately following the vacatur, the rescission of TPS for Venezuela was challenged by advocacy groups on the basis of bias and animus toward Venezuelans. At that time, US District Judge Edward M. Chen issued an order to postpone the effective date of Secretary Noem’s vacatur until the legal dispute could be resolved.
What to Expect:
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The decision approves DHS’s emergency application to stay the preliminary injunction, which had postponed the recission of TPS for Venezuelans.
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DHS cannot cancel previously issued authorizations with the October 2026 expiration date but can deny future work authorization applications and legal status changes.
What’s Next:
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The legal challenge will return to the Ninth Circuit, and a three-judge panel will hear oral arguments over the merits of the postponement order in July.
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.