Supreme Court authorizes resumption of deportations of Venezuelans in the U.S.

paola vanessa romero rondon
May 23
4 min read

The Supreme Court of the United States suspended a court order issued by Judge Edward Chen in San Francisco, which had blocked the deportation of approximately 350,000 Venezuelans. The decision was made by a majority of the justices, unsigned and without public explanation. Only Justice Ketanji Brown Jackson voted against it. This allows the federal government to resume deportation proceedings of Venezuelans, although it does not imply immediate deportations.

On March 31, 2025, Judge Chen ordered the Department of Homeland Security (DHS) to continue the TPS for Venezuela under the 2023 designation, in the case National TPS Alliance, et al., v. Kristi Noem et al., No. 3:25-cv-01766.

The judge argued that the conditions in Venezuela are too dangerous and that the decision to cancel TPS was based on unconstitutional animus, that is, unjustified hostility.

This judicial decision was issued despite the fact that TPS law states that TPS decisions are not subject to judicial review.

¿What is TPS and why is it under debate?

TPS (Temporary Protected Status) is a protection that allows people from countries affected by natural disasters, war, or dangerous conditions to live and work legally in the U.S.

TPS is not permanent and can be canceled or renewed by the government.

Decisions about TPS are normally not reviewable by courts, but Judge Chen argued that there were unconstitutional grounds for the cancellation.

On February 3, 2025, the official annulment was published in the Federal Register by Secretary of Homeland Security Kristi Noem, reversing the January 17 notice that had extended Venezuela TPS 2023.

Then, on February 5, 2025, the same Secretary formally announced the cancellation of TPS under the 2023 designation for Venezuela.

However, this decision was blocked by Judge Chen on March 31. The Department of Homeland Security (DHS) has made it clear that it fully intends to cancel the 2023 TPS as soon as it obtains a court order allowing it.

Official updates about Venezuela TPS will be published on the DHS website.

¿What is happening with the TPS granted in 2021?

The TPS granted in 2021 to Venezuelans remains in effect until September 10, 2025.

This means that if you have TPS under that 2021 designation, your status and work permit remain valid, unless a different decision is published later on.

¿Who is affected by this situation?

It directly affects Venezuelans under the 2023 TPS, which could be canceled if the government wins in court.
It does not affect, for now, those who have the 2021 TPS, valid until September 2025.
More than 350,000 Venezuelans are at risk if deportation proceedings are resumed.

It could also influence other groups such as Haitians or other TPS beneficiaries, although their cases are still under judicial review.

Frequently Asked Questions (FAQ)

¿Does this decision affect me if I have TPS Venezuela 2021?

Not for now. That designation remains valid until September 10, 2025. But you should stay alert to future official updates.

¿What happens if I have TPS under the 2023 designation?

Your status could be canceled if the government wins the appeal in court. For now, Judge Chen’s order continues to block the cancellation.

¿Can I still work legally?

Yes, if your work permit is valid. But if TPS is canceled, your permit could also become invalid.

¿Should I renew my TPS?

Yes, you must follow the official instructions from DHS and renew your TPS if you qualify, according to your designation (2021 or 2023).

Recommendations for Venezuelans with TPS

Check your designation type (2021 or 2023) in your documents.
Consult with an immigration attorney if you are unsure of your status.
Renew your TPS and work permit on time.
Avoid fraud and unofficial sources. Only follow updates from DHS or accredited attorneys.

The TPS situation for Venezuela is under legal dispute. While TPS 2021 remains in effect, TPS 2023 was canceled by the government, but that decision is currently halted by a court order.

The Supreme Court has allowed deportation proceedings to resume, which increases uncertainty for thousands of Venezuelans. The main recommendation is to consult with accredited attorneys and stay informed through official sources.

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