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Judge Blocks Implementation of Venezuela TPS Vacatur

Decision means that certain EADs are extended through 2026.

On Monday, March 31, 2025 Judge Edward Chen of the Northern District of California issued a decision pausing the implementation of DHS Secretary Noem's February 3, 2025 notice setting an end date for TPS from Venezuela. The decision is available here and essentially "pauses" the rescission and termination of TPS for Venezuela pending a full hearing on the merits of the case.

While this decision has momentous implications for employees (i.e., they can remain in the United States for an additional, undetermined length of time), employers are now relieved of the duty to terminate individuals' with EADs expiring on April 2, 2025. Instead, those EADs are subject to an automatic extension through April 2, 2026 or employees may avail themselves of the 540-day extension by presenting their April 2, 2025 EAD card along with a Form I-797C showing that they have applied to renew it. These options were made available under the January 17, 2025 Federal Register Notice published under the Biden Administration.

Specific information related to this court order is available here. More information on EAD extensions can be found here.

As has been said before, there are many changes occurring in immigration and it is extremely important to continue to monitor developments and continue engagement with their immigration counsel.

Posted: April 3, 2025


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This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

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