On June 2, 2025, U.S. District Court Judge Edward Chen ruled that the Department of Homeland Security (DHS) cannot invalidate Venezuela Temporary Protected Status (TPS) documents, including work authorization documents, issued pursuant to the Biden Administration’s Jan. 17, 2025, 18-month extension of Venezuela TPS. This ruling applies to documents received by beneficiaries on or before Feb. 5, 2025, the date of the Federal Register Notice announcing DHS’s decision to terminate the Venezuela TPS program.
Judge Chen pointed to Section 1254a(d)(3) of the Immigration and Nationality Act, which says TPS-related documents can be invalidated only after a termination notice is published.
Judge Chen’s order impacts approximately 5,000 Venezuela TPS beneficiaries.
DHS has not yet responded to Judge Chen’s June 2 ruling in light of the U.S. Supreme Court’s May 19 ruling granting a Justice Department request to lift Judge Chen’s March 31 order halting DHS’s termination of Venezuela TPS.
On June 3, the National TPS Alliance and several Venezuelans asked Judge Chen to set aside DHS’s decision to vacate the Venezuela and Haiti TPS programs, calling the rationale for the terminations “preordained and contrived.” The Alliance contends that DHS Secretary Kristi Noem lacked the authority to terminate the Venezuela and Haiti TPS programs on the basis of a defective registration process and the national interest.
In a court filing, the Alliance said, “Nothing in the record suggests the secretary had any interest in registration issues at all.” Instead, the Alliance maintains, the record indicates that DHS officials “rushed” to draft vacatur and termination notices prior to Secretary Noem’s confirmation.
A panel of the U.S. Court of Appeals for the Ninth Circuit will hear oral arguments in July on the merits of Judge Chen’s decision to enjoin termination of the Venezuela TPS program pending the outcome of litigation.
Jackson Lewis attorneys will continue to provide updates as they become available.