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What Is TPS?
The U.S. Government established Temporary Protected Status as a humanitarian measure that provides a temporary haven for foreign nationals forced to flee their countries. Specifically, the U.S. Secretary of Homeland Security grants TPS to foreign nationals from certain designated countries if extraordinary conditions in their country will make it dangerous or difficult for them to return home. These extraordinary conditions generally include serious issues such as natural disasters and armed conflicts. Currently, TPS has been designated for countries including Venezuela, Haiti, Honduras, Ukraine, and Nicaragua. TPS has its risks, since it can be issued, extended, or terminated depending on changing conditions in the countries under that designation.
In March 2021, the U.S. government decided to include Venezuela in the TPS program. This was due to the severe humanitarian crisis in the country under the Madura regime. Civilians faced restricted access to necessities such as food, medicines, electricity, and water, resulting in over 7 million Venezuelans having to flee to other countries to escape the crisis.
Temporary Protected Status was then redesignated for Venezuelans in October 2023, under the Biden administration. There are now approximately 350,000 Venezuelans living in the U.S. under TPS. Now, Trump’s administration has decided to terminate TPS for Venezuelans, and those who currently have that status will not be permitted to renew it when it expires. For Venezuelan nationals issued TPS in 2023, their status is set to expire on April 3, 2025. Those who have TPS that was designated in 2021 have an expiration date of September 10, 2025. This does not apply to Venezuelans who arrived in the US after July 31, 2023, since they are not eligible for TPS in the first place.
What Are the Qualifications for TPS?
To qualify for Temporary Protected Status, nationals of designated countries must meet the following criteria:
- Be continuously present in the U.S. at the time of TPS designation
- Have entered the U.S. through legal means and not without inspection
- Have not been convicted of certain serious crimes
What Are the Benefits of TPS?
- Temporary protection from deportation/removal
- Permission to work in the U.S.
- TPS holders can apply for travel authorization
What Happens Now That TPS for Venezuelans Won’t Be Renewed?
Now that Temporary Protected Status has been terminated for Venezuelans, holders will lose their employment authorization when their status expires. They will also have to leave the U.S. by the TPS expiration date if they have no other valid immigration status, or they will face deportation. This cancellation is expected to cause confusion and chaos for Venezuelans living in the U.S. under TPS, and especially for those with pending asylum cases, or cases before the immigration court. This will also have a negative impact on those who may have had their cases administratively closed once they acquired TPS.
If your TPS designation is set to expire and you’re uncertain about next steps, or if you have questions regarding another immigration legal matter, contact U.S. Immigration Law Counsel for a strategy session to discuss your case.
