Recent Actions and Updates on Temporary Protected Status: What U.S. Employers Should Know

1. DHS PARTICALLY VACATES 2024 TEMPORARY PROTECTED STATUS DECISION FOR HAITI

On February 24, 2025, the Department of Homeland Security (DHS) published a notice¹ in the Federal Register partially vacating the July 1, 2024 extension and redesignation of Haiti for Temporary Protected Status (TPS). To understand the impact of the “Partial Vacatur,” a summary of DHS’ previous decision to extend TPS for Haiti (89 FR 5484, 07/01/2024), is as follows:

• In 2024, DHS extended the designation of Haiti for TPS (initially designated in 2010 and subsequently and continuously, extended and redesignated) and redesignated Haiti for TPS for 18 months, beginning on August 4, 2024, and ending on February 3, 2026.
• This extension and redesignation allowed Haitian nationals (and individuals having no nationality who last habitually resided in Haiti) who had been continuously residing in the United States since June 3, 2024, and who had been continuously physically present in the United States since August 4, 2024, to apply for or to re-register for TPS.
• As a result of this 2024 decision, USCIS issued related Employment Authorization Documents (EADs) to TPS Applicants with a February 3, 2026 expiration date to eligible beneficiaries granted TPS under Haiti’s designation who timely re-registered and applied for EADs, and to eligible beneficiaries granted TPS who submitted initial registration applications under the redesignation and applied for EADs.

What does the partial vacatur do?

DHS’ partial vacatur shortens Haiti’s TPS designation and extension period expiration from February 3, 2026 to August 3, 2025. DHS also shortened the initial registration period expiry for new applicants under the Haiti TPS redesignation from February 3, 2026 to August 3, 2025.

How does the partial vacatur impact work authorization?

Haiti TPS beneficiaries who have received an EAD bearing category code A12 or C19 with an expiration date of February 3, 2026, are only authorized to work until August 3, 2025. Employers should be aware that U. S. Citizenship and Immigration Services (USCIS) will not issue new EADs bearing the August 3, 2025 expiration date.

For further information, please see: https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-haiti.

II. FEDERAL COURT POSTPONES DHS’ NOTICE TERMINATING THE REDESIGNATION OF VENEZUELA FOR TPS

On February 5, 2025, DHS published a notice² in the Federal Register terminating the 2023 redesignation of Venezuela for Temporary Protected Status (TPS), which effectively canceled the recent extension of the 2021 and 2023 TPS designations for Venezuela and the overall 2023 TPS Program for Venezuelans. Following this, a Federal Court granted a Motion to Postpone the DHS Decision to terminate the TPS 2023 designation, returning the TPS Program for Venezuelans to the status quo until further Court Order.³ To understand the impact of this termination, which was recently halted by a Court Order, a summary of DHS’ previous decision to extend TPS for Venezuelans (90 FR 5961, 1/17/2025), is as follows:

• In March 2021, DHS initially designated Venezuela for TPS for 18 months, making it effective through September 9, 2022.
• In July 2022, DHS extended TPS for Venezuelans for 18 months, making it effective through March 10, 2024. This extension – and not a redesignation – applied only to those Venezuelans who could show continuous physical presence in the U.S. since March 8, 2021, the start of the initial registration period.
• On September 20, 2023, DHS extended and redesignated Venezuela for TPS for 18 months, making it effective through April 2, 2025.
  • The redesignation means it expanded eligibility to Venezuelans who could show continuous physical presence in the United States since October 3, 2023, the start of the redesignation period.
  • The redesignation of TPS created two (2) TPS options for Venezuelans:
    • • The first – under the initial 2021 designation – extended TPS to September 10, 2025 (which date represents 18 months from the March 10, 2024, the expiration of the extension of the initial designation).
      • The second – under the 2023 redesignation – extended TPS to April 2, 2025 (which date represents 18 months from the September 2023 expiration of the redesignation).
      • It is this redesignation that the February 5, 2025, DHS Notice seeks to terminate.
• On January 17, 2025, DHS (under the previous administration) extended the September 20, 2023, designation of Venezuela for TPS for 18 months, making it effective through October 2, 2026. The extension allows existing TPS beneficiaries to retain TPS through October 2, 2026, if they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries, including those registered under the October 3, 2023, TPS designation or the prior March 9, 2021, TPS designation, who wish to extend their status through October 2, 2026, must re-register during the re-registration period described in this notice and apply to renew their Employment Authorization Document.
• On February 5, 2025, DHS (under the current administration) terminated the redesignation of Venezuela for TPS. In doing so, DHS vacated the January 10, 2025, designation.
• On March 31, 2025, a federal judge in San Francisco, CA ordered DHS 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).

What does the court order do and how does it impact work authorization?

As a result of the March 31, 2025 Court Order granting Injunctive Relief (postponing DHS’ termination notice, pending further litigation), DHS is recognizing that the 2023 Redesignation of Venezuela for TPS is Extended Through: “October 2, 2026 (under protest pursuant to court order),” with the related Employment Authorization Document “Auto-Extended Through: April 2, 2026 (under protest pursuant to court order).”

DHS is also recognizing that the 2021 Designation of Venezuela for TPS (Venezuela 2021) related Employment Authorization Document is “Auto-Extended Through April 2, 2026 (under protest pursuant to Court Order).”

For further information, please see: https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-venezuela.

Should you wish to receive further information concerning Immigration matters, please contact Gunster’s Immigration Law practice.

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[1] 90 FR 10511, 2/24/2025.

[2] 90 FR 9040, 2/5/2025.

[3] See National TPS Alliance, et al., v. Kristi Noem et al., No. 3:25-cv-01766 (N.D. Cal. Mar. 31, 2025).

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This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.

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