Compliance with Court Order Regarding 2023 Designation of TPS Venezuela
The Administration is committed to restoring the rule of law with respect to Temporary Protected Status (TPS). Nonetheless, on March 31, 2025, Judge Edward Chen, a federal judge in San Francisco, ordered the department to continue TPS for Venezuelans. See National TPS Alliance, et al., v. Kristi Noem et al., No. 3:25-cv-01766 (N.D. Cal. Mar. 31, 2025). The court did so even though the TPS statute says that TPS decisions are not subject to judicial review. For more information, please see the Federal Register notice. DHS has every intention of ending Venezuela TPS as soon as it obtains relief from the court order. Further updates regarding TPS Venezuela will be posted on this webpage.
SAVE is therefore following the Jan. 17, 2025 Federal Register Notice extending the 2023 TPS Venezuela designation from April 3, 2025, through October 2, 2026, pending relief from the court. This notice extends Forms I-766, Employment Authorization documents (EADs) with category A12 or C19 and a Card Expires date of Sept. 10, 2025; April 2, 2025; March 10, 2024; or Sept. 9, 2022, through April 2, 2026.
Individuals with a pending or approved TPS application may qualify for certain public benefits and REAL ID driver’s licenses and identification cards until DHS obtains relief from the court’s order postponing the termination of TPS Venezuela for the 2023 designation. When applying for a federal, state, or local government benefit, individuals will need to show a document proving they applied for or are beneficiaries of TPS for Venezuela. They may provide a TPS EAD with a category code of A12 or C19, or a copy of their Form I-797, Notice of Action, for a current Form I-821, Application for Temporary Protected Status.
SAVE will be able to verify an individual’s TPS or pending TPS application and any employment authorization using information from any documents noted above. In some instances, the benefit-granting agency may need to institute additional verification to do so.
For more information on Venezuela TPS designation dates and TPS-related EAD extensions, please refer to 90 FR 5961 dated Jan. 17, 2025 and the USCIS TPS Venezuela webpage.