News Alert: Temporary Protected Status for Venezuelans Terminated by Secretary of Homeland Security Noem
Photo by aboodi vesakaran on Unsplash. What is the current status of the Temporary Protected Status (TPS) for Venezuelans under the Trump administration? Find out more in our News Alert.
Summary
On Jan. 28, 2025, Secretary of Homeland Security Kristi Noem vacated the Jan. 17, 2025, notice that extended a Temporary Protected Status (TPS) designation for Venezuela. The department will revert to the TPS redesignation and extension guidance that was announced in October 2023. Subsequently, on Feb. 1, 2025, Secretary Noem decided to also terminate TPS under the 2023 designation, which means that TPS and related benefits associated with the 2023 designation will end on April 7, 2025.
Brief Background
On January 17, 2025, former Secretary of Homeland Security Alejandro N. Mayorkas announced the consolidation of the two separate Venezuelan TPS designations and filing processes. As a result, both the 2023 TPS designation (set to expire on April 2, 2025) and the 2021 TPS designation (set to expire on September 10, 2025) were consolidated and extended until October 2, 2026.
On January 28, 2025, the current Secretary of Homeland Security Kristi Noem, vacated former Secretary Mayorkas’ January 17, 2025 notice. Citing a number of reasons, Secretary Noem vacated the extension in a Federal Register Notice.
On Feb. 1, 2025, Secretary Noem also decided to terminate TPS under the 2023 designation for Venezuela. This means that TPS and related benefits associated with the 2023 designation will end on April 7, 2025.
What does this mean for current TPS holders?
As a result, the Venezuela 2023 TPS designation and the Venezuela 2021 TPS designation remain in effect until their previously granted expiration dates:
2021 TPS designation holders will remain in status until September 10, 2025, with an announcement regarding extension or termination to be made by July 12, 2025.
2023 TPS designation holders would remain in status until the expiration date of April 2, 2025.
What else should I know?
USCIS will no longer accept Venezuela TPS re-registration applications based on the January 17, 2025, announced by former Secretary Mayorkas. For those who have already filed pursuant to this extension, USCIS will stop processing those applications and will issue refunds of any fees paid. For those who have already received an extension with an October 2, 2026, date, USCIS will invalidate the EADs, Form I-797s and Form I-94s and provide a refund. Finally, automatic extensions based on the January 17 notice are also rescinded.
Secretary Noem’s termination notice does not affect the expiration date of the prior 2021 TPS designation. This means that if the Secretary does not make a timely determination by July 12, 2025, for the 2021 Venezuela TPS designation, then the statute provides for an automatic six-month extension of the designation. Otherwise, if the Secretary decides to terminate the 2021 Venezuela TPS designation, it will end on September 10, 2025.
What does this mean for employers of TPS holders?
For employers and employees, the consequences of the vacatur/termination notices include:
Venezuelan nationals granted TPS pursuant to the 2021 designation are work authorized until September 10, 2025, unless an extension is granted.
Venezuelan nationals granted TPS pursuant to the 2023 designation are work authorized only until April 2, 2025.
Individuals affected by the vacatur/termination notices may be screened for asylum eligibility or other appropriate forms of relief which will enable them to apply for work authorization, but obtaining the required EADs may take months, if not longer.
If litigation related to the non-renewal of TPS for Venezuela results in an injunction,affected individuals may be able to return to work.
Stay tuned as we monitor these and other developments. Follow us on Instagram, Twitter, Facebook, LinkedIn and Tumblr, for up-to-date immigration news and to keep updated.
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