At A Glance
The Department of Homeland Security (DHS) recently published a notice in theFederal Register, indicating that Secretary of Homeland Security Kristi Noem is terminating Temporary Protected Status (TPS) under the 2023 designation for Venezuela as of April 7, 2025.1
According to the notice, the designation is contrary to the national interest of the United States. More specifically, the notice references several supporting reasons for the termination, including:
- Concerns relating to a Venezuelan gang known as Trende Aragua, believed to be responsible for sex trafficking, drug smuggling, police shootings, kidnappings, and the exploitation of migrants. The President recently declared the gang to pose a threat to the United States in the executive order, Designating Cartels and Other Organizations as Foreign Terrorist Organizations and Specially Designated Global Terrorists.
- The volume of individuals entering the United States, which has resulted in associated difficulties in communities where local resources have been inadequate to meet the demands.
- The potential "magnet effect" of TPS as a pulling factor driving Venezuelan nationals to travel to the United States.
The decision to terminate the 2023 TPS designation for Venezuelans aligns with the actions outlined in President Donald Trump's executive order, Protecting the American People Against Invasion, directing DHS to ensure that designations of TPS are reviewed and are limited in scope and duration based on applicable country conditions. It also is consistent with President Trump's broader strategy, particularly as outlined by the executive order Securing Our Borders, which underscores the Administration's commitment to reducing the number of individuals residing in the United States under temporary humanitarian programs, thereby tightening border security and immigration enforcement.
What is Temporary Protected Status?
The Secretary of Homeland Security may designate specific foreign countries for TPS due to conditions in the country that temporarily prevent the country's nationals from returning safely, or in certain circumstances where the country is unable to adequately handle the return of its nationals. The decision to designate a country for TPS is discretionary, and there is no judicial review of any determination, termination, or extension of a designation by the Secretary. During the designation period, TPS beneficiaries are eligible to remain in the United States, may not be removed, and may be authorized to work so long as they continue to meet the requirements of TPS.
Highlights from the Termination Notice
Venezuela was designated for TPS in 2021 and in 2023 on the basis of severe humanitarian emergencies in the country, including economic, political, human rights, health, food, and crime crises occurring under the authoritarian government regime. The two designations in 2021 and 2023 are distinct from one another, and, at present, only the 2023 TPS designation is the subject of termination, affecting approximately 350,000 recipients.
Venezuelans living and working in the United States pursuant to the 2023 TPS designation will need to find an alternate immigration status to remain and work in the United States. After April 7, 2025, any individuals with 2023 TPS designation will return to the same immigration category that they maintained before TPS (unless that status or category has since expired or been terminated), or any other lawfully obtained immigration category they received while registered for TPS, as long as it is still valid on the date TPS terminates.
What This Means for Employers
Affected workers will lose their employment authorization unless they secure an alternative legal status. Compliance with Form I-9 (Employment Eligibility Verification) by businesses is crucial, as continuing to employ workers without valid work authorization can expose these organizations to fines and penalties. Proactive planning will be essential to mitigate the impact of this transition and prepare for potential disruptions.
The rollout of the termination may potentially be challenged in the courts, given the legal requirement for the Secretary of Homeland Security to provide a "timely basis" for the publication of notice indicating changes to TPS designations based on the Secretary's review at least 60 days before the end of the initial designation period.2 Employers should continue to monitor legal updates in the event an injunction is issued impacting the termination of the 2023 TPS designation for Venezuela before the April 7, 2025 expiration.
Additionally, while this notice only impacts the 2023 TPS designation for Venezuela, given the Secretary of Homeland Security's reasoning for terminating the designation for this country, the Administration may decide to terminate the 2021 TPS designation in the future as well. Currently, the 2021 TPS designation expires on September 10, 2025. Employers should be aware of this upcoming expiration.
Further, organizations should be prepared for all TPS-designated countries to be closely reviewed under the Trump Administration. Employees currently working pursuant to TPS should consider an alternate immigration status, in the event that further designations are terminated for the following TPS-designated countries: Afghanistan, Myanmar (Burma), Cameroon, El Salvador, Ethiopia, Haiti, Honduras, Lebanon, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, and Yemen.
How Mayer Brown Can Help
Mayer Brown can help employers develop strategies and consider immigration options for foreign national employees with temporary authorization to live and work in the United States, including those who may be affected by the restrictions of TPS and other humanitarian programs.
Notably, the H-1B Cap FY2026 Registration period was recently announced by USCIS, which could provide viable, work authorized nonimmigrant status for impacted, qualifying individuals. The H-1B Cap FY2026 Registration period only runs from March 7 to March 24, 2025, so employers must act quickly to timely register employees for the H-1B lottery. Mayer Brown is ready to assist employers with the H-1B Cap FY2026 Registration and to meet this filing deadline.
Employers should continue monitor Mayer Brown's Insights for updates on legal developments regarding policies changes that may impact their workforce. Mayer Brown is poised to help employers understand changing regulatory requirements, alternative options for work authorization, and any risk exposure associated with changes to TPS- and other humanitarian-based immigration status.
Footnotes
1. The US Citizenship and Immigration Services website states: "TPS and related benefits associated with the 2023 designation will end on April 7, 2025."
2. See INA 244(b)(3)(A), 8 U.S.C. §1254a(b)(3)(A).
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