By Kaylee Nguyen, Legal Intern
The Trump administration announced the termination of Temporary Protected Status (TPS) for Venezuela, a program protecting over 600,000 Venezuelan migrants in the United States from deportation.
In 1990, Congress created TPS to temporarily prevent deportations to countries that cannot adequately handle the return of their nationals. This has been applied to countries that have suffered natural disasters, such as hurricanes and earthquakes, as well as countries with ongoing armed conflicts. The Department of Homeland Security (DHS) publishes a list of countries designated for TPS on its website. People who apply for and are granted TPS are permitted to reside in the United States and apply for work authorization for periods up to 18 months. DHS may choose to extend the TPS designation for a country, and it often does.
In 2021, the Biden administration designated Venezuela for TPS due to the troubling economic and political state under President Nicolas Maduro ("2021 designation"). In 2023, DHS extended the 2021 designation for Venezuela until September 10, 2025. DHS also redesignated Venezuela for TPS in 2023, allowing additional Venezuelan nationals to apply for TPS ("2023 designation"). The 2023 designation was initially valid until April 2, 2025. On January 10, 2025, former DHS Secretary Alejandro Mayorkas extended the 2023 designation until October 2, 2026.
Turning to present day — On February 3, 2025, U.S. Citizenship and Immigration Services (USCIS) announced the termination of the 2023 designation for Venezuela. As a result, Venezuelan nationals who were granted TPS under the 2023 designation will no longer have TPS after April 7, 2025. The 2021 designation is not affected by this termination; Venezuelan nationals who were granted TPS under the 2021 designation will remain in valid status until September 10, 2025. DHS will decide whether to extend the 2021 designation by July 12, 2025.
An estimated 350,000 Venezuelans will lose their legal status and right to work because of these changes.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
