On May 19, the U.S. Supreme Court issued a decision that clears the way for the Trump administration to terminate Temporary Protected Status (TPS) for approximately 350,000 Venezuelans residing in the United States. The ruling followed an emergency appeal filed by the administration, overturning a lower court injunction that had previously blocked Department of Homeland Security (DHS) Secretary Kristi Noem’s efforts to revoke the TPS designation for Venezuela established in 2023.

TPS was initially created by Congress in 1990 as a humanitarian measure providing legal residency and work authorization to individuals from countries affected by armed conflict, natural disasters, or severe humanitarian crises. Venezuelans were granted TPS by the Biden administration in 2021 and again in 2023 in response to worsening economic collapse, widespread political persecution, and dire humanitarian conditions under the Maduro regime.

The Supreme Court’s May 19 decision does not itself terminate the 2023 TPS designation for Venezuela. It likewise does not immediately invalidate current TPS documentation, which under prior extensions could remain valid for some until October 2026. However, the ruling permits the Trump administration to proceed with terminating protections while the underlying litigation challenging the lawfulness of several DHS actions proceeds in lower courts.

Uncertainty surrounds how the administration will interpret the Supreme Court’s order and when it will officially implement a termination of the 2023 TPS designation for Venezuela. LeadingAge is closely monitoring the relevant agencies for any forthcoming announcements or official guidance on this matter.