U.S. District Court Temporarily Blocks Trump Administration Revocation of TPS for Venezuelans in U.S.
(April 8, 2025) A U.S. district court in California issued an order on March 31st temporarily blocking a decision by the Trump administration to terminate the designation of Venezuelans with Temporary Protected Status (TPS). Individuals covered by this designation were set to lose their TPS as of April 7th or Sept. 10, 2025, depending on when they received TPS. The ruling, in National TPS Alliance v. Noem, reinstates TPS status and employment authorizations for Venezuelans. The Trump administration has appealed the district court's decision and has asked the Ninth Circuit Court of Appeals to stay the district court's decision pending a decision on appeal.
In light of the district court's ruling, the plaintiffs have requested a postponement of agency action with regard to Haitian TPS holders. If the federal government does not agree to the postponement, the plaintiffs intend to file a motion seeking a court order postponing agency action with regard to Haiti by April 29, 2025.
In a related development, U.S. Citizenship and Immigration Services (USCIS) has issued guidance on I-9 completion for Venezuelan TPS holders. The guidance instructs employers:
To complete or update Form I-9, Employment Eligibility Verification, for TPS Venezuela beneficiaries who present an EAD with a Category Code of A12 or C19 and a Card Expires date of Sept. 10, 2025; April 2, 2025; March 10, 2024; or Sept. 9, 2022, enter April 2, 2026, pending relief from the court, on Form I-9 as the new expiration date of the automatically extended EAD. You must reverify these employees before they start work on April 3, 2026.
The Trump administration has also issued an updated I-9 employee verification form for all employees that includes minor changes, including substituting the term "alien" for "non-citizen."
LeadingAge NY will update members as the legal status of non-citizens in our communities evolves. More information about the Trump administration's immigration actions is available here and here. Information for LeadingAge NY members about preparing for and responding to immigration actions is available here and here.
Contact: Karen Lipson, klipson@leadingageny.org