GMS Flash Alert 2025-069

United States – Delayed: Cancelation of TPS for Venezuelan Nationals

GMS Flash Alert 2025-069 | April 4, 2025

In this GMS Flash Alert, we report an update on the Temporary Protected Status (TPS) for Venezuela.

Following the Department of Homeland Security’s (DHS) decision to terminate the 2023 TPS designation for Venezuela, the National TPS Alliance (NTPSA), filed a lawsuit on February 19, 2025, challenging the U.S., DHS, and DHS Secretary Kristi Noem’s decision to vacate former DHS Secretary Alejandro Mayorkas’ policy to extend TPS for Venezuelans through October 2, 2026.1  (For related coverage please see GMS Flash Alert 2025-033 and GMS Flash Alert 2025-013.)

On March 31, 2025, a federal court in California granted NTPSA’s motion to delay the actions taken by Secretary Noem concerning the 2023 TPS designation for Venezuela.  This decision is binding across the United States. 

WHY THIS MATTERS

Employees who are current beneficiaries of the 2023 TPS Venezuela designation may be able to benefit from an automatic extension of their current Employment Authorization Documents (EADs) through April 2, 2026, thereby providing relief to many Venezuelan employees who rely on TPS for work authorization.  It is important to note that the court’s decision is not conclusive to the future state of TPS for Venezuela.

Employers are encouraged to work closely with immigration counsel to seek alternative employment authorization options for Venezuelan employees who hold TPS. 

Context

On January 28, 2025, Secretary Noem determined that Venezuela no longer continues to meet the conditions for the 2023 designation.2  This decision effectively terminated TPS work authorization for Venezuelan nationals who were granted TPS under the 2023 designation.

As predicted in GMS Flash Alert 2025-033, Secretary Noem’s decision has been challenged by the NTPSA, a group formed by TPS beneficiaries in an effort to protect the TPS program and create a path to permanent residency for TPS holders.3

Former Secretary Mayorkas prolonged TPS for Venezuela for an additional 18-month period concluding on October 2, 2026.  This decision provided an automatic extension of EADs to April 2, 2026, while an individual secured an official EAD with an expiration of October 2, 2026.

Secretary Noem canceled the TPS extension consequently reverting TPS expiration for Venezuelan nationals to April 2, 2025.

As a result of this ruling, Secretary Mayorkas’ order to prolong TPS remains controlling and, while the government will likely appeal the California court’s ruling, Venezuelan nationals under the 2023 TPS are recognized as extended through April 2, 2026, without further action on their part

KPMG LAW LLP INSIGHTS

TPS redesignation for Venezuelan nationals is still an uncertainty.  Employees are encouraged to speak to individual immigration counsel for inquiries about this recent decision and its implications.

KPMG Law LLP in Canada is tracking this matter closely.  We will endeavor to keep readers of GMS Flash Alert posted on any important developments as and when they occur.

FOOTNOTES:

1  National TPS Alliance v. Noem, 3:25-cv-01766 (U.S. District Court for the Northern District of California 2025).

2  Federal Register, “Termination of the October 3, 2023 Designation of Venezuela for Temporary Protected Status,” February 5, 2025.

3  See NTPSA, “About Us – National TPS Alliance.”  Please note that by clicking on this link, you are leaving the KPMG website for an external (non-KPMG, non-governmental) site, that KPMG is not affiliated with nor does KPMG endorse its content. The use of the external site and its content may be subject to the terms of use and/or privacy policies of its owner or operator.

Contacts

laura-wong
Laura Wong

Manager, U.S. Immigration

KPMG in Canada

Chelsea Hseih
Chelsea Hsieh

Partner, US Immigration, KPMG Law LLP

KPMG in Canada

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* Please note the KPMG International member firm in the United States does not provide immigration or labour law services. However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.

The information contained in this newsletter was submitted by the KPMG International member firm in Canada.

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