US Supreme Court to Decide Fate of 400,000 Venezuelan TPS Holders: Work Permits Expire October 2
Updated: 13 hours ago
WASHINGTON, September 29, 2026 — The U.S. Supreme Court placed a Trump administration petition on its September 28 conference agenda, seeking to revive efforts to terminate Temporary Protected Status (TPS) for approximately 400,000 Venezuelans whose work permits and deportation protections are set to expire on October 2, 2026 .
The case, Mullin v. National TPS Alliance (Docket No. 26-48), challenges a Ninth Circuit ruling that former DHS Secretary Kristi Noem exceeded her statutory authority when she tried in 2025 to cancel an earlier extension of Venezuelan TPS .
What's at Stake
At the center of the dispute is whether Venezuelan TPS holders will keep work authorization and protection from removal after October 2, 2026 .
Immigration advocates say many beneficiaries have already renewed driver's licenses, mortgages, and employment contracts based on the 2026 validity. 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 .
The Legal Timeline
The dispute began in early 2025 when the Trump administration moved to end TPS for Venezuela .
Date | Event |
January 17, 2025 | Secretary Mayorkas extends 2023 Venezuela TPS designation through October 2, 2026 |
February 3, 2025 | Secretary Noem announces vacatur of the 2025 extension before it takes effect |
February 5, 2025 | Secretary Noem terminates the 2023 designation |
May 30, 2025 | District court order preserves TPS and work authorization through October 2, 2026 for certain beneficiaries |
October 3, 2025 | Supreme Court allows termination to take immediate effect |
January 28, 2026 | Ninth Circuit rules Noem exceeded statutory authority |
March 11, 2026 | Ninth Circuit declines to rehear the case en banc |
July 9, 2026 | Trump administration files petition for certiorari |
August 20, 2026 | National TPS Alliance files response accepting remand |
September 28, 2026 | Petition distributed for Supreme Court conference |
The Ninth Circuit held that while the TPS statute grants the Secretary significant discretion, it does not grant the power to vacate an existing designation . "The secretary's actions fundamentally contradict Congress's statutory design," wrote Circuit Judge Kim McLane Wardlaw .
What Happens Next
If four justices vote to grant certiorari, oral argument could come as early as January 2027 .
If the Court does not grant review, the Ninth Circuit decision — and the extension through October 2026 — stands .
The Court typically announces orders on the first Monday of October. If that pattern holds, a response could come on October 5, 2026 — three days after the current TPS documents expire .
Notably, both the government and the National TPS Alliance have asked the Court to vacate the Ninth Circuit ruling and remand the case for reconsideration in light of Mullin v. Doe, a June 2026 Supreme Court decision holding that courts generally cannot review TPS designation decisions .
Who Still Has Protection
According to USCIS, only a subset of Venezuelans who once had TPS retain protection through October 2, 2026 :
Protected Group | Requirement |
2023 Designation Re-Registrants | Received TPS-related EADs, Forms I-797, or Forms I-94 with October 2, 2026 expiration dates on or before February 5, 2025 |
EAD Categories | A-12 or C-19 |
The 2021 designation ended November 7, 2025 for those without documents bearing the October 2, 2026 date .
For Employers: I-9 and E-Verify Guidance
The uncertainty complicates I-9 and E-Verify compliance .
Current guidance for TPS-related EADs:
Employees with qualifying TPS-based EADs may present them as proof of continued employment authorization through October 2, 2026
When completing Form I-9, employers should enter "Oct. 2, 2026" in the expiration field
For E-Verify cases, employers should enter "Oct. 2, 2026" as the expiration date from the Form I-9
Recommended actions for HR teams:
Continue accepting TPS-related EADs valid through October 2, 2026 while the litigation proceeds
Prepare for possible automatic extensions or wind-down guidance from USCIS
Map alternative visa strategies (such as L-1, E-2, or asylum-pending work authorization) for key talent
Document compliance with current USCIS guidance to demonstrate good-faith efforts
Quick Reference Summary
Aspect | Details |
Case | Mullin v. National TPS Alliance (26-48) |
Conference Date | September 28, 2026 |
Affected Population | ~400,000 Venezuelans (some estimates: 300,000-600,000) |
Current Protection Expires | October 2, 2026 |
Key Legal Issue | Whether DHS Secretary exceeded authority by vacating an existing TPS extension |
Ninth Circuit Ruling | Noem exceeded statutory authority |
Possible Cert Grant | Oral argument as early as January 2027 |
If Cert Denied | Ninth Circuit ruling stands; extension through Oct 2026 remains |
Employer Action | Continue accepting TPS EADs through Oct. 2, 2026; prepare for wind-down |
Read Also
Official Resources
Resource | Link |
USCIS – Venezuela TPS Designated Country | |
Supreme Court Docket – Mullin v. National TPS Alliance | |
SCOTUSblog Case Page | |
Federal Register – Venezuela TPS Extension |
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