On October 3, 2025, the US Supreme Court granted the Trump administration’s request to stay a lower court ruling that had blocked the termination of Temporary Protected Status (TPS) for over 300,000 Venezuelan nationals. This emergency order allows the Department of Homeland Security (DHS) to move forward with rescinding TPS while litigation continues.
Background
- TPS is a humanitarian immigration program created in 1990, allowing nationals from designated countries to live and work in the US when returning home is unsafe due to natural disasters, armed conflict, or extraordinary conditions.
- Venezuela was designated for TPS in 2021 by then-DHS Secretary Alejandro Mayorkas, with extensions granted through October 2026.
- In early 2025, DHS Secretary Kristi Noem announced the termination of Venezuela’s TPS designation and its extensions, prompting legal challenges.
Legal Proceedings
- Senior US District Judge Edward Chen ruled that DHS’s termination was unlawful and issued an injunction to delay the action.
- The 9th Circuit Court of Appeals declined to stay Chen’s ruling, leading the Trump administration to appeal to the Supreme Court.
- On May 19, the Court had already stayed Chen’s preliminary injunction. The October 3 order extends that stay to Chen’s final ruling.
Supreme Court’s Reasoning
- The Court’s unsigned order did not include a detailed explanation, but Justice Ketanji Brown Jackson dissented, criticizing the use of the emergency docket for decisions with significant human impact.
- Solicitor General D. John Sauer argued that lower courts were defying the Supreme Court’s prior stay orders and undermining the federal judicial hierarchy.
Implications for TPS Holders
- While DHS may proceed with termination, existing TPS benefits remain valid through October 2026.
- New applications and renewals may be denied, and affected individuals could face loss of work authorization or deportation.
- Legal challenges continue in the Noem v. National TPS Alliance case, with further review expected in the Ninth Circuit.
Erickson Insights & Analysis
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.
