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

On March 31, 2025, a federal court in California had temporarily stopped the U.S. Department of Homeland Security (DHS) from ending TPS for Venezuelans.  With the U.S. Supreme Court's recent ruling, DHS Secretary Kristi Noem can now proceed with her decision to terminate TPS for Venezuelans while the government's appeal is reviewed by the Ninth Circuit and the lower court deliberates on the merits of the case.1

A lawsuit had been filed by the National TPS Alliance (NTPSA) to challenge the DHS and DHS Secretary Noem's decision to nullify the policy established by former DHS Secretary Alejandro Mayorkas, which extended TPS for Venezuelans until October 2, 2026.2  On May 19, 2025, the Supreme Court granted the Justice Department's request to overturn a lower court’s order related to this matter.  (For related coverage please see GMS Flash Alert 2025-033 (February 6, 2025), GMS Flash Alert 2025-013 (January 15, 2025), and GMS Flash Alert 2025-069  (April 4, 2025).)

WHY THIS MATTERS

Employees who are current beneficiaries of the 2023 TPS Venezuela designation cannot currently benefit from TPS work authorization as Secretary Noem’s vacatur ended the program on April 2, 2025.  It is unclear whether 2023 Venezuelan TPS beneficiaries could now face deportation in light of the Supreme Court’s decision as the Ninth Circuit Court still has to make a decision on the merits of the case.

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

Venezuela 2021 and 2023 TPS Designation

The Supreme Court did not provide justifications for its ruling due to the emergency nature of the appeal presented to the Court.  Individuals who are beneficiaries of the 2021 TPS designation will remain work authorized until September 10, 2025.

However, the status of the 2023 TPS designation beneficiaries remains uncertain.  According to the Federal Register notice published on February 3, 2025, the DHS is required to decide whether to terminate the TPS program for Venezuelan nationals altogether by July 12, 2025.

 

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  On the www.supremecourt.gov website, see: Miscellaneous Order (05/19/2025).

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

3  Federal Register, "Termination of the October 3, 2023 Designation of Venezuela for Temporary Protected Status" (a Notice by the U.S. Citizenship and Immigration Services on 02/05/2025).

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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