On February 5, 2025, the Department of Homeland Security (DHS) published a notice in the Federal Register terminating the 2023 redesignation of Venezuela for Temporary Protected Status (TPS). To understand what this means and who this applies to, the Immigration Team at Nilan Johnson Lewis provides the following summary of TPS for Venezuelans:
- In March 2021, DHS initially designated Venezuela for TPS for 18 months, making it effective through September 9, 2022.
- In July 2022, DHS extended TPS for Venezuelans for 18 months, making it effective through March 10, 2024. This extension – and not a redesignation – applied only to those Venezuelans who could show continuous physical presence in the US since March 8, 2021, the start of the extension registration period.
- On September 20, 2023, DHS extended and redesignated Venezuela for TPS for 18 months, making it effective through April 2, 2025.
- The redesignation means it expanded eligibility to later arrivals – i.e., those Venezuelans who could show continuous physical presence in the United States since October 3, 2023, the start of the redesignation period.
- The redesignation of TPS basically had the effect of creating two TPS options for Venezuelans.
- The first – under the initial 2021 designation – means that TPS is extended to September 10, 2025 (which date represents 18 months from the March 10, 2024 expiration of the extension of the initial designation).
- The second – under the 2023 redesignation – means that TPS is extended to April 2, 2025 (which date represents 18 months from the September 2023 expiration of the redesignation). It is this redesignation that was terminated by the current Administration.
- On January 10, 2025: DHS (under the previous administration) extended the September 20, 2023 designation of Venezuela for TPS for 18 months, making it effective through October 2, 2026.
- January 28, 2025: DHS (under the current administration) terminated the redesignation of Venezuela for TPS. In doing so, DHS vacated the January 10, 2025 designation.
Who Does This Termination Impact?
This termination will impact those Venezuelans granted TPS under the 2023 redesignation. For those individuals, TPS status will expire on April 7, 2025, and employment authorization is set to expire on April 2, 2025.
The termination does not impact those Venezuelans granted TPS under the 2021 designation. These individuals will continue to be allowed to remain in the United States and preserve their employment authorization through September 10, 2025.
When is the termination of the 2023 designation effective?
This termination is effective on April 7, 2025, at 11:59 p.m., local time.
What is the effect of this termination?
After April 7, 2025, nationals of Venezuela (and aliens having no nationality who last habitually resided in Venezuela) who have been granted TPS under the 2023 Venezuela redesignation will no longer have TPS status. DHS will expect TPS holders under the 2023 redesignation to depart the United States by this date if they have not filed for another immigration benefit, such as asylum. To ensure their departure, DHS will most likely commence removal proceedings.
Will there be a lawsuit challenging DHS’s decision?
Given the sudden termination of TPS, litigation is expected. It is possible that a federal court may enjoin DHS from terminating Venezuela’s 2023 TPS designation. Our team will continue to monitor new developments.
What steps can employers take?
Employers of Venezuelans who are subject to this termination should consider screening their employees for other visa options and consider moving them to a nonimmigrant status if possible. If employees who are impacted by this recent termination have other forms of employment authorization, employers must follow I-9 reverification procedures.
