USCIS formally complies with the court order and recognizes the extension of TPS for Venezuelans

U.S. Citizenship and Immigration Services (USCIS) finally complied with federal Judge Edward Chen's court order and updated its portal to reflect that, for the time being, the cancellation of the Temporary Protected Status (TPS) for Venezuelans in the United States was ordered by the Secretary of Homeland Security, Kristi Noem. The judge's decision was made last September 5.

According to the information posted on the USCIS website, Venezuelan TPS beneficiaries under the 2023 redesignation—including those Venezuelans who were originally under the 2021 TPS but who re-registered in January 2025—maintain their status until October 2, 2026.

However, USCIS also specified that this date is set "per court order” and is "subject to litigation updates.”

On the other hand, Venezuelans covered under the initial 2021 designation, who did not complete their new January 2025 registration, will retain their protection only until November 7, 2025.

Judge Chen's ruling marked a new twist in the immigration policy towards Venezuelans in the country. The magistrate found Noem's decision to cancel extensions previously granted by the Biden Administration to more than one million Venezuelans and Haitians to be illegal. Despite the fact that the Department of Homeland Security had defended its position before the Supreme Court, the judge ruled that his order was effective immediately and must be complied with by the federal government.

The update on the USCIS portal means that the Trump Administration formally complies with the court order, providing temporary certainty to hundreds of thousands of Venezuelans who rely on TPS to work and reside legally in the United States. However, USCIS's own website warns that this extension is subject to ongoing litigation, suggesting that the program's validity could be modified again in the future as the legal battle progresses.