Supreme Court “De-Documents” 350,000 Venezuelans – And Keeps Everyone In The Dark About What’s Next
Posted by Dara Lind | May 21, 2025 | Humanitarian Protection, Temporary Protected Status
The American Immigration Council does not endorse or oppose candidates for elected office. We aim to provide analysis regarding the implications of the election on the U.S. immigration system.
Here are the messages that the 350,000 Venezuelans in the U.S. who were granted Temporary Protected Status in 2023 have heard from the federal government since January:
January 17: You can keep your TPS protections until fall 2026.
January 28: We’re reviewing whether you can keep your TPS protections.
February 5: Your TPS protections will expire on April 7, 2025.
March 31: Your TPS protections can remain valid while a lawsuit about them is pending.
May 19: Your TPS protections have already been revoked. Probably. We assume.
With that last one – a single-page unsigned order, which, technically speaking, overruled an order to postpone the Department of Homeland Security’s termination of TPS for Venezuela – the Supreme Court achieved what law professors believe to be the biggest instantaneous “de-documentation” of immigrants in U.S. history. 350,000 people who woke up on Monday with legal status in the U.S. went to bed Monday without it.
Probably. We assume.
The lack of clarity is maddening. But it’s, in a way, the logical endpoint of the way TPS holders have always had to live their lives – 18 months at a time – and of the Trump administration’s insistence on pulling the rug out from under people who had filed their papers with the U.S. in exchange for permission to stay.
The Supreme Court’s Legal Triple Negative
Going into the procedural details of how all of this happened will not exactly make the constant flip-flops any less confusing, but here goes:
In 2023, President Biden decided that conditions in Venezuela were bad enough that it would be inappropriate to deport anyone there, and therefore Venezuelans in the United States needed Temporary Protected Status (if they lacked other legal status) to remain here legally until conditions improved. He both extended TPS for Venezuela – allowing people who had received TPS after it was first offered in 2021 to renew it for an additional 18 months, which would be added to the end of their existing TPS period – and redesignated it, allowing Venezuelans who had arrived since 2021 to apply for TPS for the first time and receive 18 months of protections.
As many as 350,000 people took the government up on the offer, receiving protections through April 2025. Many of them – about 67,000 – had arrived in the United States with a different form of temporary protection: they were paroled in under the Biden administration’s “CHNV” (Cuban, Haitian, Nicaraguan and Venezuelan) program, with protections that expired after two years. Applying for TPS allowed someone whose parole was set to expire in January 2025, for example, to give themselves an extra few months, a more durable form of protection, and the potential for further extensions if the executive branch chose to give them.
A few days before leaving office, the Biden administration published a notice that essentially combined the 2021 and 2023 TPS timelines, and allowed both to reapply for TPS through September 2026. The Trump administration seized on this move, and moved within days of its inauguration to vacate Biden’s decision; a few days later, it issued its own proclamation, saying it would be ending TPS for the 2023-protected Venezuelans after all, and they would lose their legal status on April 7.
TPS holders sued the administration over the bait-and-switch. In an order issued mere weeks before the expiration date, a federal judge ordered DHS to “postpone the effective date” of its decision to end TPS for Venezuela, while the lawsuit over the legality of the decision was ongoing.
The Ninth Circuit Court of Appeals upheld the postponement. The Supreme Court, on Monday, overturned it.
So if the termination of TPS would have gone into effect already, but it was postponed, and now it’s been unpostponed, that means it’s implicitly already in effect…right?
Here’s the problem: the Supreme Court didn’t actually clarify whether the termination is in effect now, or whether the government has to do something to make the original April 7 termination effective. Litigators in the case say that it’s up to the government to make the next move, and announce how it is interpreting the court’s order – which is to say, whether it considers all 350,000 Venezuelans to be already out of status and potentially subject to removal, or whether it’s going to set a new date by which they will become so. (The litigators aren’t saying that whatever the government does will be legally correct, just that they have to take the initiative.)
As of Tuesday evening, the U.S. Citizenship and Immigration Services webpage about TPS for Venezuela had not been updated to reflect Monday’s ruling. It still said that work permits issued to 2023 TPS holders would be auto-extended through next April – “under protest pursuant to court order.”
Leaving TPS Holders To Gamble with Their Freedom
TPS holders are already in a “liminal status” that they can never convert to permanent residency, and every expiration date brings with it the possibility that the president won’t grant another extension – underlined during Trump’s first term when he tried to do just that for hundreds of thousands of people from Haiti, El Salvador, and others. Those terminations were held up in court until President Biden took office and undid them.
Telling people they would be able to plan for another 18 months of life in the United States, then telling them they had just over 60 days to leave, is a different category of arbitrariness. (Technically, the Supreme Court acknowledged, people who had already applied for and received new TPS grants between January 17 and February 5 might legally be allowed to keep them – but given the processing time for TPS applications, it is highly unlikely any such people exist.) The cruelty is especially apparent given that, in the weeks before the April 7 expiration date, TPS holders in the US saw their compatriots deported without hearings and sent to a notorious Salvadoran prison under the Alien Enemies Act — including at least four people with active TPS.
The threat of detention and deportation was terrifying. The court ruling postponing the termination offered little psychological relief to Venezuelan TPS holders. One Venezuelan advocate described her state of mind this way to Politico in the days following the reprieve: “It’s exhausting, it’s disheartening, it’s painful and I’m not going to lie, last night I cried.”
The Supreme Court’s order shows why they were uncomforted. What courts grant, courts can take away. Probably. We assume.
Add to this the fact that some Venezuelans who have TPS may also still be within the two-year window for their CHNV parole to be valid – except that the Trump administration is trying to kill that, too. That termination has also been held up in court (for now), but the Trump administration is asking the Supreme Court to overturn that ruling, too. A decision could come any day.
The lack of clarity on the question of whether TPS has already been terminated has enormous real-world stakes. Should someone with TPS show up to work their next shift, on a work permit that was valid on Monday morning but may now be (in legal terms) six weeks past its expiration date? Should they cancel their leases and buy plane tickets, or keep studying for their final exams at school? If they are arrested, will the ICE agents accept the explanation that no one appears to know if they have valid papers or not?
The strategy of this administration is to cast as broad a net of enforcement as possible – and to make it clear even to those who aren’t caught up in it today that they could be caught up in it tomorrow. But the rule of law is built on certainty and predictability. A legal regime under which people can have their status taken away from them in a day, without even a clear explanation that that’s happened, fully undermines both of those. A law that can’t be relied on isn’t a law anyone can live by.
Recent H-1B Rule Extends F-1 Cap-Gap Extension
April 28, 2025
If you are an F-1 student planning to transition to H-1B employment, recent changes to the H-1B program may directly impact you.
As of January 17, 2025, DHS implemented a final H-1B rule that extends the cap-gap extensions of eligible F-1 students from October 1 to April 1 of the relevant fiscal year. The cap-gap period previously ended on October 1. With this extension, the cap-gap period now ends April 1 of the relevant fiscal year. This rule will be applied to eligible F-1 students who are a beneficiary of a timely filed H-1B cap-subject petition beginning with the FY 2026 H-1B registration period.
What Is the Cap-Gap Extension?
The “cap-gap” refers to the period between the expiration of an F-1 student’s program of study (or optional practical training (OPT) and the start of H-1B employment. To bridge this period, DHS has historically allowed an automatic extension of F-1 status and employment authorization for students with a timely filed cap-subject H-1B petitions, but only up to October 1.
What Has Changed?
Under the new H-1B rule, the cap-gap extension has been expanded. Eligible F-1 students may now receive an automatic extension of both their F-1 status and work authorization until April 1 of the fiscal year for which the H-1B petition is filed. This change is intended to provide added flexibility for foreign students and prevent disruptions in lawful status or employment authorization that may occur due to delays in USCIS adjudication or processing timelines.
Who Is Eligible?
You may qualify for extended cap-gap if:
You are in a valid period of F-1 status (to be eligible for an extension of employment you must be in a valid period of post-completion OPT or science, technology, engineering and mathematics (STEM) OPT.
You have not violated the terms or conditions of your immigration status.
You are a beneficiary of a timely filed cap-subject H-1B petition that requests the following:
· A change of status to H-1B and not consular processing; and
· An employment start date in the fiscal year for which such H-1B status is being requested
If the H-1B petition is denied, withdrawn, rejected or revoked, the automatic cap-gap extension is terminated immediately. In such cases, the foreign student is no longer authorized to work in the United States under F-1 status and has a 60-day grace period to prepare for departure.
For further guidance, consult your designated school official to ensure you meet all requirements and deadlines.
Link: Recent H-1B Rule Extends F-1 Cap-Gap Extension | Study in the States
USCIS Announces Employment Authorization Document Application Procedures for Certain Hong Kong Residents Covered by Deferred Enforced Departure
U.S. Citizenship and Immigration Services today posted a Federal Register notice for public inspection establishing procedures for certain Hong Kong residents covered by Deferred Enforced Departure (DED) to apply for Employment Authorization Documents (EADs) that will be valid through Feb. 5, 2027. The notice automatically extends through Feb. 5, 2027, the validity of current Hong Kong DED-related EADs with an expiration date of Feb. 5, 2023, or Feb. 5, 2025, and a Category Code of A11. Employees may present this EAD as evidence of identity and employment authorization for Form I-9, Employment Eligibility Verification.
A memorandum on DED was issued on Jan. 15, 2025, deferring through Feb. 5, 2027, the removal of certain eligible Hong Kong residents who were present in the United States as of Jan. 15, 2025.
There is no application for DED. Certain Hong Kong residents are covered under DED based on the terms described in the memorandum and are authorized to work in the United States. Eligible Hong Kong residents can apply for an EAD by filing Form I-765, Application for Employment Authorization. The Department of Homeland Security may provide travel authorization at its discretion to those covered under DED. Individuals who wish to travel outside of the United States and re-enter must file Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records.
USCIS adjudicates each request for an EAD on a case-by-case basis to determine if it meets all standards and eligibility criteria and completes screening and vetting to determine if there are any fraud, public safety or national security concerns.
DHS Terminating Temporary Protected Status for Afghanistan
Release Date
05/12/2025
WASHINGTON – Secretary of Homeland Security Kristi Noem today announced the termination of Temporary Protected Status for Afghanistan. The TPS designation for the country expires on May 20, 2025, and the termination will be effective on July 14, 2025.
At least 60 days before a TPS designation expires, the Secretary, after consultation with appropriate U.S. government agencies, is required to review the conditions in a country designated for TPS to determine whether the conditions supporting the designation continue to be met, and if so, how long to extend the designation.
“This administration is returning TPS to its original temporary intent,” said Secretary Kristi Noem. “We’ve reviewed the conditions in Afghanistan with our interagency partners, and they do not meet the requirements for a TPS designation. Afghanistan has had an improved security situation, and its stabilizing economy no longer prevent them from returning to their home country. Additionally, the termination furthers the national interest as DHS records indicate that there are recipients who have been under investigation for fraud and threatening our public safety and national security. Reviewing TPS designations is a key part of restoring integrity in our immigration system.”
After consultation with interagency partners, Secretary Noem determined that conditions in Afghanistan no longer meet the statutory requirements. The Secretary’s decision was based on a U.S. Citizenship and Immigration Services review of the country conditions and in consultation with the Department of State. The Secretary determined that, overall, there are notable improvements in the security and economic situation such that requiring the return of Afghan nationals to Afghanistan does not pose a threat to their personal safety due to ongoing-armed conflict or extraordinary and temporary conditions. She further determined that permitting Afghan nationals to remain temporarily in the United States is contrary to the national interest of the United States.
Additional information is available in the Federal Register Notice (PDF)
Link: DHS Terminating Temporary Protected Status for Afghanistan | USCIS
DHS Terminates Temporary Protected Status for Cameroon
Release Date
06/03/2025
The Department of Homeland Security posted a Federal Register notice on the termination of Temporary Protected Status (TPS) for Cameroon.
After reviewing country conditions and consulting with the appropriate interagency partners, Secretary of Homeland Security Kristi Noem determined that conditions in Cameroon no longer meet the statutory requirements for Temporary Protected Status.
The TPS designation for Cameroon will terminate on Aug. 4, 2025, 60 days after publication of the Federal Register notice. Aliens can use the CBP Home app to report their voluntary departure from the United States upon termination of their status.
Find more information about TPS at uscis.gov/tps. For more information on USCIS and its programs, please visit uscis.gov or follow us on X (formerly Twitter), Instagram, YouTube, Facebook and LinkedIn.
Link: DHS Terminates Temporary Protected Status for Cameroon | USCIS
DHS Terminates Temporary Protected Status for Nepal
The Department of Homeland Security today posted a Federal Register notice on the termination of Temporary Protected Status for Nepal. After reviewing country conditions and consulting with the appropriate interagency partners, Secretary of Homeland Security Kristi Noem determined that conditions in Nepal no longer meet the statutory requirements for TPS.
The TPS designation for Nepal will terminate at 11:59 p.m. on Aug. 5, 2025, 60 days after publication of this Federal Register notice. If you are an alien who is currently a beneficiary of TPS for Nepal, you should prepare to return to Nepal if you have no other lawful basis for remaining in the United States. You can use the CBP Home mobile application if you intend to depart the United States.
Find more information about TPS at uscis.gov/tps. For more information on USCIS and its programs, please visit uscis.gov or follow us on X (formerly Twitter), Instagram, YouTube, Facebook and LinkedIn.
Link: DHS Terminates Temporary Protected Status for Nepal | USCIS
Litigation-Related Update: Supreme Court stay of CHNV Preliminary Injunction
Release Date
06/06/2025
On May 30, 2025, the Supreme Court of the United States issued an order lifting the U.S. District Court for the District of Massachusetts’s April 14, 2025 Preliminary Injunction that stayed parts of the March 25, 2025 Federal Register notice titled, “Termination of Parole Process for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV).” See Noem v. Svitlana Doe, 605 U.S. ___ (2025). With this decision, DHS may proceed with terminating parole granted under the CHNV parole programs and with revoking any employment authorization based on being paroled under the CHNV parole programs. Aliens whose parole is terminated and whose employment authorization is revoked will receive notification in their myUSCIS account.
Link: Litigation-Related Update: Supreme Court lifts stay of CHNV Preliminary Injunction | USCIS
USCIS Initiates Removal Proceedings Against 26,000 Aliens Since February
Release Date
06/12/2025
WASHINGTON – Since U.S. Citizenship and Immigration Services published new guidance on issuing Notices to Appear (NTAs) on Feb. 28, it has initiated removal proceedings against more than 26,700 aliens with no legal basis to remain in the country.
The guidance is in response to President Trump’s Executive Order Protecting the American People Against Invasion. The guidance addresses national security, public safety, and the overall integrity of the United States immigration system by strengthening enforcement of the Immigration and Nationality Act.
“This update has helped USCIS enforce existing immigration laws by once again issuing NTAs to removable aliens in the United States,” said USCIS Spokesman Matthew Tragesser. “Under the leadership of President Trump and Secretary Noem, we have returned to commonsense NTA policies and since February 2025, have issued tens of thousands of NTAs to restore integrity and ensure the security of our nation’s immigration system.”
The revised NTA policy is part of an ongoing series of efforts to restore integrity to the legal immigration system. USCIS is actively assisting U.S. Immigration and Customs Enforcement by providing volunteers to support its operations and carry out its mission of protecting the public and ensuring integrity within the immigration system. USCIS returned to robust screening and vetting of immigration petitions and applications while prioritizing deterrence efforts. These screening and vetting efforts have led to approximately 1,840 NTAs a week and a 2,811% increase in fraud-related NTAs per month from the Biden-Harris administration era. This includes the issuance of approximately 500 asylum-related NTAs per week and 100 NTAs in Temporary Protected Status (TPS) cases per week. These efforts have reduced exploitation of the immigration system through humanitarian and TPS programs.
Under the new guidance, USCIS is generally defaulting toward issuing NTAs after the issuance of an unfavorable decision on a benefit request where the alien is removable from the United States. In limited situations, USCIS exercised prosecutorial discretion. The new guidance did not change procedures for cases in which NTA issuance was required by statute or regulation, nor did it change NTA procedures for TPS or Deferred Action for Childhood Arrival (DACA) cases.
If the Secretary of Homeland Security terminates a nation’s TPS designation, former TPS beneficiaries of that nation who have no other authorization to remain in the United States may be subject to NTA issuance. These aliens should depart the United States and are encouraged to use the U.S. Customs and Border Protection CBP Home app to report their departure.
For more information on USCIS and its programs, please visit uscis.gov or follow us on X (formerly Twitter), Instagram, YouTube, Facebook and LinkedIn.
Link: USCIS Initiates Removal Proceedings Against 26,000 Aliens Since February | USCIS
USCIS Issues Guidance Regarding Disclosure of Derogatory Information
Release Date
06/12/2025
U.S. Citizenship and Immigration Services is issuing policy guidance in the USCIS Policy Manual on how we disclose derogatory information upon which an adverse decision is based.
This policy guidance:
States that, if we plan to rely on derogatory information that a benefit requestor is unaware of, we will generally provide a detailed description of the derogatory information in a Notice of Intent to Deny, Request for Evidence, or Notice of Intent to Revoke; and
Clarifies when we may not disclose information, such as information that may be classified, sensitive, privileged, or otherwise subject to statutory protections and in other limited circumstances, such as when the information is provided in a third-party record or is subject to disclosure limitations.
This policy is effective upon publication and applies to pending benefit requests and those filed on or after the effective date.
Update to Policy on Disability Exceptions to Naturalization Requirements
Release Date
06/13/2025
U.S. Citizenship and Immigration Services is issuing policy guidance to enhance the integrity of the review process for Form N-648, Medical Certification for Disability Exceptions.
Under this guidance, USCIS is changing how we process Form N-648 by focusing greater attention on the veracity of medical certifications and identification and prevention of fraud, thereby enhancing the integrity of the process. Across the country and over the decades, there have been numerous instances where the medical certification process has been exploited. When a medical professional provides a false certification, it not only undermines the purpose of the disability exception but also weakens the credibility of the entire naturalization system because it causes USCIS to naturalize aliens who have not established eligibility for naturalization.
Generally, aliens applying for naturalization must demonstrate understanding of the English language and knowledge and understanding of the civics fundamentals of the history and principles and form of government of the United States. Aliens applying for naturalization who are seeking an exception to the English and/or civics requirements because of a medically determinable physical or developmental disability or mental impairment that has lasted, or is expected to last, at least 12 months, must submit Form N-648 attesting to the medical condition, which must be completed and certified by a medical professional.
The guidance confirms that the medical professional completing Form N-648 must explain how the disability or impairment leaves the alien unable to meet the English and civics requirement for naturalization (the presence of a disability alone is not sufficient).
This guidance also provides that submitting multiple Forms N-648 concurrently may raise concerns about the credibility of the disability or impairment claim and could be subject to further review.
This guidance, contained in Volume 12 of the USCIS Policy Manual, supports Executive Orders 14148 Initial Rescissions of Harmful Executive Orders and Actions and 14159 Protecting the American People Against Invasion. It is effective immediately, and applies to all naturalization applications and associated Forms N-648 filed on or after June 13, 2025.