The Venezuelan community in the U.S. is bracing for changes after Homeland Security Secretary Kristi Noem reversed the Biden administration’s extension of Temporary Protected Status (TPS). The rollback affects nearly 600,000 Venezuelans, half of whom reside in Florida. Immigration experts warn that the decision could leave many in legal limbo as the U.S. tightens immigration policies.
What’s Changing for Venezuelan TPS Holders?
Idalis Perez, an immigration lawyer with over 30 years of experience, explained that the decision affects two groups of Venezuelans.
“What happens is that people that have had TPS Since 2021 it’s going to end in 2025 on April 2 of this year. And the people that applied in 2023, which is the second TPS designation, they were supposed to have it until 2026, but now with this,” Perez adds, “vacating the last extension was just issued, everybody’s going to be without TPS.”
Historical Context and Legal Issues
TPS was established by Congress in 1990 to provide protection for nationals from countries facing armed conflict or environmental disasters. Currently, nationals from 17 countries, including Venezuela, are eligible for TPS. However, the revocation of the extension impacts only Venezuelans at this time.
Perez noted that the rollback follows legal challenges raised by the Trump administration, questioning the validity of the recent TPS redesignation for Venezuela.
What Happens to Work Permits?
When TPS expires, the associated work permits also become invalid. However, Perez emphasized that individuals with administratively closed asylum cases can still request work permits without reopening their cases.
it’s not over for a work authorization and license and lawful status in the US,” Perez added.
TPS holders should consult with an immigration attorney to understand their options, including how to maintain or regain legal status if their TPS expires.
Legal Alternatives and Preparing for Uncertainty
Perez advises TPS holders to explore alternatives, such as petitions from U.S. citizen children or spouses, as well as possible work visa applications. Many Venezuelans have pending asylum cases that the government may reschedule for hearings.
For those who have been in the U.S. for less than two years, Perez warned that they could be subject to expedited removal if detained by ICE. She recommends keeping evidence of residency in the U.S. for more than two years, such as birth certificates, marriage records, or bank statements.
“If detained, having documentation showing you’ve been here for more than two years can help protect you,” Perez said.
What Should TPS Holders Do Now?
“First of all, you have to see an attorney to see whether there are options,” Perez recommends.
TPS holders should also prepare documentation. Perez added, “It’s important to have kids’ passports, medical records, even if you have a deportation order if you have records of a medical condition. Sometimes, that’s enough to stop the deportation.”
Final Decision on TPS Extensions
The Department of Homeland Security has until February 1, 2025, to decide whether to extend TPS for Venezuelans whose status expires in April and until July 31, 2025, to review those whose TPS expires in September. If they do not decide by Saturday, it will be extended for six months.
Experts urge affected individuals to seek legal counsel and stay prepared as deadlines approach.