The U.S. Supreme Court placed on its September 28 conference agenda a petition from the Trump administration seeking to revive efforts to terminate Temporary Protected Status (TPS) for some 400,000 Venezuelans. The case challenges a Ninth Circuit ruling that former DHS Secretary Kristi Noem exceeded her authority when she tried in 2025 to cancel an earlier extension of TPS through October 2, 2026. At stake is whether Venezuelan TPS holders will keep work authorization and protection from removal after that date. Immigration advocates say many beneficiaries have already renewed driver’s licenses, mortgages and employment contracts based on the 2026 validity, and abrupt termination would sow chaos in the labor market—especially in Florida and Texas, where large Venezuelan communities support hospitality and healthcare employers. The government argues that TPS designations are discretionary and that courts lack jurisdiction. Plaintiffs counter that once DHS extends a designation, the statute grants no power to shorten it retroactively. If four justices vote to grant certiorari, oral argument could come as early as January 2027; if not, the Ninth Circuit decision—and the extension through October 2026—stands. For employers, the uncertainty complicates I-9 and E-Verify compliance. HR teams should continue to accept TPS-related EADs valid through October 2, 2026 while preparing for possible automatic extensions or wind-down guidance. Companies with large Venezuelan workforces may wish to map alternative visa strategies (such as L-1, E-2 or asylum-pending work authorization) for key talent. Regardless of the Court’s action, the episode underscores how executive discretion over humanitarian programs can create unpredictable risk for workforce planners.
Source: La Nación (Argentina)
