On January 28, 2025, The Department of Homeland Security (DHS) vacated the Biden Administration’s recent redesignation of the 2023 Temporary Protected Status (TPS) designation for Venezuela through October 2, 2026. This will result in the expiration of the 2023 TPS protections reverting back to the prior expiration date of April 2, 2025. Following the vacatur, DHS then took the necessary steps to formally terminate the program on February 3, 2025, when it released an advance copy of a notice to terminate the 2023 TPS designation for Venezuelan nationals. The notice is expected to be published February 5, 2025, and will become effective 60 days after publication, terminating work authorization and deportation protections for recipients of the 2023 TPS designation for Venezuela as of that date.
Venezuelan nationals who have already timely filed an application to re-register prior to the vacatur of the redesignation will no longer be eligible to reregister, and any TPS-related employment authorization documents will no longer be valid as of April 6, 2025 (60 days after the publication of the notice to terminate).
Note that DHS has previously designated TPS for Venezuelan nationals in 2021 and those that were registered under the 2021 TPS designation are not impacted by the termination of the 2023 TPS designation. However, the new Administration has until July 12, 2025 to decide whether to extend or terminate the 2021 Venezuela TPS designation, which is currently set to expire on September 10, 2025. DHS further confirmed that 2021 Venezuela TPS registrants who opted to register under the Biden Administration’s 2023 redesignation will have their 2021 designation restored and they will be subject to the old 2021 designation validity dates.
Although it is possible that this termination could be challenged in federal court, current Venezuelan TPS registrants (in addition to the businesses that employ them), should begin exploring alternative immigration pathways to maintain their ability to live and work in the United States. Such longer-term solutions may include student and/or nonimmigrant work visas as well as possible green card sponsorship.
D&S will continue to monitor developments and provide updates as they become available.