On Feb. 5, U.S. Secretary of Homeland Security Kristi Noem terminated the temporary protected status (TPS) designation for Venezuelan immigrants—the termination was intended to take effect April 7 for individuals who applied in 2023 with an employment authorization document (EAD) valid through April 2, 2025, and for individuals who applied in 2021 with an EAD valid through Sept. 10, 2025.

On March 31, a week before the termination was going to take effect for individuals who applied in 2023, the U.S. District Court for the Northern District of California stayed the termination while the Trump administration appealed. The stay meant that people whose EADs were expiring April 2 received an automatic extension through April 2, 2026.

On May 19, the U.S. Supreme Court lifted the stay on termination of TPS. Litigation regarding whether the termination was appropriate will continue, but those individuals now lack—and could lose—protection against deportation while the litigation is in progress. As a result, individuals who had EADs valid through April 2, 2025, could be considered not to have legal status in the U.S.

The U.S. Department of Homeland Security has not yet updated its website with information on how to handle these individuals—DHS may grant a 60-day grace period shortening the extension of EAD expiration from April 2, 2026, to 60 days from May 19.