Department of Homeland Security Vacates Venezuelan Temporary Protected Status For First Group
The Department of Homeland Security (DHS) announced on February 3, 2025, DHS Secretary Kristi Noem has decided to vacate the 1/10/25 decision of former DHS Secretary Alejandro Mayorkas regarding TPS for Venezuela, which had extended the 2023 designation of Venezuela for TPS for 18 months, allowed a consolidation of filing processes such that all eligible Venezuela TPS beneficiaries (whether under the 2021 or 2023 designations) could obtain TPS through the same extension date of 10/2/26, and extended certain Employment Authorization Documents (EADs). The vacatur is effective immediately.
Previous TPS Designation under Former Secretary Mayorkas
Former Secretary Mayorkas designated Venezuela for TPS once on May 9, 2021, and a second time on Oct. 3, 2023. Under Secretary Mayorkas’ Jan. 17, 2025, notice, TPS was extended as follows:
- The 2021 designation expires Sept. 10, 2025. Employment authorization documents for individuals who registered under the 2021 designation expire April 2, 2026.
- The 2023 designation expires Oct. 2, 2026. Employment authorization documents for individuals who registered under the 2023 designation expire April 2, 2026.
2021 registrants were permitted to register under the 2023 designation. Secretary Noem’s announcement intends to vacate the Jan. 17, 2025, notice. Following Secretary Noem’s announcement, any 2021 registrants who registered under the 2023 designation will have their 2021 designations restored.
This decision will eliminate TPS benefits for Venezuelan nationals living in the U.S; therefore, they will no longer have protection from deportation and work authorization
As TPS redesignations or extensions must be made at least 60 days prior to the expiration date, Secretary Noem must decide whether to extend the 2023 designation no later than Feb. 1, 2025, and the 2021 designation no later than July 12, 2025. If no decisions are issued by these deadlines, the designation expirations will revert to those in place prior to Former Secretary Mayorkas’ Jan 17, 2025, redesignation of TPS – April 2, 2025, for the 2023 designation and September 10, 2025 for the 2021 designation. There will be an automatic, final six-month extension of each designation.
As a result of this announcement, USCIS will no longer accept Venezuela TPS re-registration applications (Form I-821) and Applications for Employment Authorization (Form I-765) filed under former Secretary Mayorkas’ Jan. 17, 2025, redesignation. USCIS will cease processing applications already submitted and return associated filing fees. Additionally, USCIS will invalidate Venezuela TPS work authorization documents, approval notices, and I-94 forms issued with Oct. 2, 2026, expiration dates.
Secretary Noem believes that extending Venezuela’s 2023 TPS designation “is in fact contrary to the national interest” as per her comments in the Federal Register. The factors that were taken into consideration includes the following: the program has allowed a large number of aliens who are inadmissible to the United States or present in the country illegally to settle in the interior of the country, resulting in “difficulties in local communities where local resources have been inadequate to meet the demands caused by the increased numbers”, further noting that, “city shelters, police stations, and aid services are at maximum capacity”. DHS also reported on the increased presence of the Venezuelan gang Tren de Aragua in the United States, which “has been blamed for sex trafficking, drug smuggling, police shootings, kidnapping, and the exploitation of migrants”. In addition, the notice also cited the “potential magnetic effect” for illegal immigration posed by a redesignation or anticipated extension. “The anticipated designation or extension for TPS and resulting benefit to access [work authorization documents] have been pull factors driving Venezuelan nationals to the United States. In October 2023, DHS stated that there were approximately 243,000 Venezuela TPS beneficiaries, while also estimating that approximately 472,000 additional aliens may be eligible under the October 3, 2023 designation.” Moreover, given the policy prerogatives that were articulated under President Trump’s January 20 executive orders, Secretary Noem reached the conclusion that extending Venezuela’s 2023 TPS designation “is in fact contrary to the national interest”.
While the 2021 Venezuela TPS designation remains in effect until September 10, 2025. Unless conditions that warrant a TPS designation under the “armed conflict” or “natural or environmental disaster” standards arise in Venezuela, CIS expects Secretary Noem to take the same action to end TPS benefits for the remaining Venezuelan beneficiaries at least 60 days prior. At this time, DHS feels that there may be some negative conditions that persist in Venezuela, but at the same time, the improvements in the economy, public health, and crime will allow Venezuelan nationals to be returned safely to their home country.
This alert is for informational purposes only. If you have any questions, please contact us via email at info@poonahimmigrationlaw.com for further information.
