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Supreme Court Decisions Enable Revocations of Legal Status for Venezuelans and Others

(June 3, 2025) The U.S. Supreme Court issued two decisions in recent weeks enabling the Trump administration to categorically revoke the legal status of certain non-citizens, while lower court cases challenging the administration's policies are pending. The first decision, issued on May 19th, allows the Trump administration to terminate the Temporary Protected Status (TPS) of Venezuelans who were admitted under the 2023 Venezuela TPS designation in advance of a final decision in the lower courts. The Supreme Court's ruling affects approximately 350,000 Venezuelans who obtained TPS to escape the humanitarian crisis in their home country. In a subsequent U.S. district court decision, approximately 5,000 Venezuelans (a subset of this broader group) who received a TPS renewal between Jan. 17, 2025 and Feb. 5, 2025 were determined to have legal status and valid work authorizations.

The Supreme Court's ruling does not invalidate TPS documents that had been extended under the 2021 Venezuela TPS designation and have an expiration date of October 2026.

On May 30th, the Supreme Court allowed the Trump administration to move forward with the revocation of humanitarian parole for more than 530,000 immigrants from Cuba, Haiti, Nicaragua, and Venezuela, while litigation on the merits proceeds in the lower courts. They had been allowed to enter the U.S. legally and work, provided they had U.S. sponsors.

Separate lawsuits are under way challenging the Trump administration's revocation of TPS for Haitians, which is scheduled to take effect on Aug. 3, 2025 if it is not enjoined by the courts. This Trump administration action could affect more than 500,000 Haitian TPS holders living in the U.S.

Members are encouraged to check with their attorneys before making employment or other decisions in response to these administration actions and court rulings. These immigration statuses are complicated and may affect different people in different ways. For example, an individual may have multiple statuses (e.g., both TPS and an application for legal permanent residence or asylum) that have different durations and provide different levels of protection from deportation.

LeadingAge National and LeadingAge NY will continue to track these actions and court cases closely.

Contact: Karen Lipson, klipson@leadingageny.org