Written by: Owen Wolf, Don Lori, and Alexander Medrak
News related to the temporary protected situation (TPS) for Venezuelan continues to shift with the continuation of the court’s battles. As we wrote last week, the ninth district recently confirmed a local order in March 2025, which temporarily stops canceling the appointment of 2023 TPS by the Ministry of Internal Security (DHS). However, the decision of the ninth district has no practical effect at the present time, because the United States Supreme Court remained in the order of March 2025 and this remains in effect.
In a new development, on September 5, 2025, the District Court granted a brief ruling for the prosecutor, considering that the abolition of the DHS of the Fenezula TPS 2023 law, and a partial cancellation of the appointment of TPS for Hiti, violated the Administrative Procedures Law (APA). However, the beneficiaries of the Venezuelan and Haiti TPS cannot celebrate yet. The Ministry of National Security immediately moved to the appeal pending the appeal, which was not decided by the provincial court. If the provincial court refuses to issue a residence, the Ministry of National Security can try in the ninth district and the US Supreme Court. Although it does not seem to have done so yet, the National Security Ministry may also argue that the ruling does not grant the restraining relief, it cannot be imposed for thirty days according to the federal rule of civil procedures 62 (A).
Simply put, TPS remains in the flow and there is no certainty yet as things will land. Note starting from September 9YUSCIS has not updated the TPS website, but we believe that according to the Federal Register notification, some TPS Venezuela Eads were automatically extended until November 7, 2025.
- September 9, 2022,
- March 10, 2024, or
- September 10, 2025.
We will continue to monitor and spread updates with the development of the situation.