ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø

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

In a late Friday, May 30, 2025 ruling, U.S. Federal Court Judge Chen prevented U.S. Department of Homeland Security (DHS) Secretary Kristi Noem from invalidating the TPS-related work permits and legal status documents of Venezuelans. ÌýThe U.S. Supreme Court had previously lifted an earlier order from Judge Chen that prevented Secretary Noem from terminating TPS. ÌýAs we reported in our earlier GMS Flash Alert (see 2025-108, May 27, 2025), the Supreme Court allowed individual plaintiffs to challenge Secretary Noem’s decision to invalidate the documents, which had extended legal status and employment authorization to October 2, 2026, of impacted Venezuelan nationals.

The context of this legal battle highlights the ongoing tensions between federal actions regarding immigration policies and the protections afforded to specific groups of immigrants, particularly those from Venezuela.

WHY THIS MATTERS

Employees who are current beneficiaries of the 2023 TPS Venezuela work authorization are still facing uncertainty. ÌýIt is anticipated that Judge Chen’s latest decision will be litigated by the current Administration. Employees should not rely on TPS work authorization for continued, long term-status in the United States.

More Details

In the ruling, Judge Chen stated that Secretary Noem exceeded her statutory authority when she invalidated previously-issued TPS-related documents, emphasizing that the TPS statute does not permit the retroactive invalidation of documentation already issued.Ìý

Judge Chen carefully considered the implications of allowing Secretary Noem to revoke the legal standing of the affected Venezuelans and noted that TPS holders have “reliance interestsâ€� in the documentation they received, as they made plans based on the expectation of continued legal status. ÌýThis reliance interest was essential for determining the possibility of irreparable harm to TPS holders if the revocation is upheld. ÌýIn her ruling, Judge Chen assessed the public interest in maintaining legal statuses for TPS holders, emphasizing their contributions to the economy and integration within the broader society. ÌýThe balance of hardships weighed favorably towards the plaintiffs, as denying their motion would lead to significant harm without compelling justification from the government.

ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø LAW LLP INSIGHTS

As outlined in our earlier reports, the implications of this ruling extend beyond the immediate context of Venezuelans.Ìý

For related coverage and background on the ongoing litigation regarding TPS for Venezuela please see GMS Flash Alert 2025-033 (February 6, 2025), GMS Flash Alert 2025-013 (January 15, 2025), GMS Flash Alert 2025-069 (April 4, 2025), and GMS Flash Alert 2025-108 (May 27, 2025).ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý

ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø Law LLP in Canada is tracking this matter closely.Ìý We will endeavor to keep readers of GMS Flash Alert posted on any important developments as and when they occur.Ìý

FOOTNOTE:

1Ìý National TPS Alliance, et al. v. Kristi Noem, et al., Case No. 25-cv-01766-EMC (N.D. Cal. [2025]) (on the ThomsonReuters website ).Ìý Please note that by clicking on this link you are leaving the ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø website for an external site (non-governmental, non-ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø), that ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø is not affiliated with nor does ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø endorse its content.Ìý The use of the external site and its content may be subject to the terms of use and/or privacy policies of its owner or operator.

Contacts

laura-wong
Laura Wong

Manager, U.S. Immigration

ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø in Canada

Chelsea Hseih
Chelsea Hsieh

Partner, US Immigration, ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø Law LLP

ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø in Canada

More Information

pdf

Download PDF

Download and save the PDF version of this GMS Flash Alert.

Download

GMS Flash Alert reports on recent global mobility-themed developments from around the world to help you better understand what has changed and what that means for you.

Subscribe now

GMS Flash Alert

Shedding light on evolving policies affecting international assignees and employers, helping make sense of it all.

Ìý

Visit GMS Flash Alert home
alt
Disclaimer

* Please note the ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø International member firm in the United States does not provide immigration or labour law services. However, ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø Law LLP in Canada can assist clients with U.S. immigration matters.

The information contained in this newsletter was submitted by the ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø International member firm in Canada.

GMS Flash AlertÌýis a Global Mobility Services publication of the ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø LLP Washington National Tax practice. The ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø name and logo are trademarks used under license by the independent member firms of the ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø global organization. ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø International Limited is a private English company limited by guarantee and does not provide services to clients. No member firm has any authority to obligate or bind ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø International or any other member firm vis-à-vis third parties, nor does ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø International have any such authority to obligate or bind any member firm. The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.

© 2025 ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø LLP, an Ontario limited liability partnership and a member firm of the ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø global organization of independent member firms affiliated with ÀÖÓ㣨Leyu£©ÌåÓý¹ÙÍø International Limited, a private English company limited by guarantee. All rights reserved.