TPS, Temporary Protected Status, was created by Congress in 1990 to protect certain nationals from deportation because it was not safe for them to return home because of armed conflicts, natural disasters, or other extraordinary circumstances. The Secretary of Homeland Security is currently responsible for designating which countries are designated for TPS and for how long. TPS recipients also are granted employment authorization documents (EAD) that allow them to work for the duration of their TPS designation. Over the years, nationals from many countries, like Haiti, Nicaragua, Afghanistan, Ethiopia, Nepal, and many others have been designated for TPS over the past 30 years. There have been several countries that had TPS for several years but their TPS expired or were canceled. Some examples of countries whose TPS designations expire or were canceled include Kuwait, Burundi, Angola, and the latest is Venezuela. Nationals who previously had TPS must leave the U.S. or be in danger from deportation after the date of expiration of their TPS status.
Venezuela was designated for TPS twice by the last administration. It was designated in 2021 and in 2023. The 2021 designation was previously set to expire on Sept. 10, 2025, and the 2023 designation was previously set to expire on April 2, 2025. On Jan. 17, 2025, the former Secretary of Homeland Security, Secretary Mayorkas, announced an extension of both designations to Oct. 2, 2026. However, when the new administration took power, the new Secretary of Homeland Security and DHS vacated the Jan 17th extension, and the prior expiration dates were reinstated. In addition, DHS must announce at least 60 days before the expiration of a TPS designation that the TPS designation will be terminated, or the TPS will be automatically renewed. In this case, on Feb. 5, 2025, DHS published a Federal Register Notice (FRN) formally terminating the 2023 TPS designation for Venezuela. Both the protection against deportation and the EADs will expire on April 7, 2025, (60 days after the FRN notice) for anyone with the 2023 TPS designation for Venezuela.
On the other hand, for anyone with the 2021 designation for Venezuela, their TPS and EADs will continue to protect them against deportation and allow them to keep working until Sept. 10, 2025. DHS must review the situation in Venezuela by July 12, 2025 in order to issue an FRN on whether they will terminate the original 2021 TPS designation for Venezuelans. If DHS does not issue an FRN 60 days before the expiration, protection against deportation will be automatically extended for 180 more days for Venezuelans with the 2021 TPS designation.
In order to determine whether an individual has the 2021 or 2023 TPS designation for Venezuela, just check the last TPS approval notice (I-797) to check the expiration date. If the last approval was valid until April 2, 2025, then they have the 2023 TPS designation. On the other hand, if the last approval was valid until Sept. 10, 2025, then they have the 2021 TPS designation.
Anyone who applied for a renewal of their TPS or EAD under the Jan. 17th Mayorkas extension will have those applications and decisions canceled, rescinded, or invalidated. The FRN states that USCIS will refund any fees already paid under the Mayorkas extension.
Venezuelans affected by either designation should be screened for asylum eligibility or other appropriate forms of relief which could enable them to apply for work designation, though obtaining EADs in other categories could take months or longer. Some other forms of relief could include a family petition (U.S. citizen children, parents, or spouses), U-visas for victims of certain crimes who suffered mental or physical abuse, VAWA visas for a spouse of a U.S. citizen who suffered domestic abuse, T visas for trafficking victims, SIJ status for minors abused, neglected, or abandoned by a parent, Withholding of Removal or Convention Against Torture (CAT) if a person cannot apply for asylum because they have been in the U.S. for too long, but would otherwise qualify for asylum, or even possibly a work visa.
Homeland Security estimates that there are approximately 600,000 Venezuelans in the U.S. with TPS. About half of those will lose their TPS in April. The majority of these TPS individuals have been working legally in the U.S. for at least a year, have property, pay taxes, and live normal lives. Immigration advocates around the nation are organizing challenges against the administration’s decision to end TPS, and they hope to obtain a temporary halt to ending the program while the cases are pending. An injunction could extend TPS for six months but is not a permanent solution.
Stay tuned for more immigration news from JLK Attorneys at Law!