The End of Temporary Protected Status (TPS) for Venezuelans

On May 19, 2025, the U.S. Supreme Court issued an emergency order allowing the Trump Administration to revoke Temporary Protected Status (TPS) for Venezuelan migrants, reversing protections previously extended by the Biden Administration. This decision affects approximately 350,000 Venezuelans who had been granted TPS under the 2023 designation.

Background on TPS for Venezuelans

TPS is a humanitarian program that allows nationals from countries experiencing extraordinary conditions—such as armed conflict or natural disasters—to live and work legally in the U.S. In March 2021, DHS Secretary Mayorkas first designated Venezuela for TPS from March 9, 2021, through September 9, 2022.

The extension ran from March 11, 2024, to Sept. 10, 2025. In parallel with the extension of the 2021 designation, DHS also redesignated Venezuela for another 18-month period, from Oct. 3, 2023, through April 2, 2025, which was again extended by the Biden administration through Oct. 2, 2026 due to severe humanitarian emergencies, including economic collapse, political repression, and widespread human rights abuses.

The 2023 designation, set to expire in October 2026, was terminated by DHS Secretary Kristi Noem, who cited concerns about national interest and security, including the alleged activities of the Venezuelan gang Tren de Aragua.

Critics argue that this rationale lacks evidentiary support and disproportionately affects law-abiding TPS holders. Immigration advocates said the decision was “terrible” and exposes potentially as many as one million migrants, hailing from more than a dozen nations in conflict, to deportation.

Legal Challenges and Temporary Relief

In response to the termination, several lawsuits were filed challenging the legality of DHS's actions. On March 31, 2025, U.S. District Court Judge Edward Chen issued an emergency injunction pausing the termination, citing potential irreparable harm to TPS holders and their families. However, the Supreme Court's recent ruling allows the termination to proceed while legal challenges continue in lower courts.

Impact on Venezuelan TPS Holders

USCIS has confirmed that the 2021 designation remains in effect through September 10, 2025. TPS beneficiaries under this designation will retain their employment authorization through April 2, 2026, unless otherwise terminated. Venezuelans with TPS under the 2023 designation should seek immediate immigration counsel.

Without TPS, individuals lose protection from deportation and authorization to work legally. Employers, such as Disney, have already placed affected employees on unpaid leave, giving them 30 days to provide updated work authorization or face termination.

The loss of TPS also means that individuals must seek alternative legal statuses to remain in the U.S., such as asylum, family-based immigration relief, or employment-based visas. However, these options are limited and often involve complex legal processes.

The termination of TPS for Venezuelans sets a concerning precedent for other TPS-designated countries. Advocates warn that this decision could foreshadow the end of TPS for other communities, leaving hundreds of thousands of individuals vulnerable to deportation and without legal means to support themselves.

As legal battles continue, the future remains uncertain for many who have built their lives in the U.S. under the protection of TPS.

It is imperative for those affected to seek legal counsel promptly to explore available options and for policymakers to consider the humanitarian implications of such decisions.

📞 Call us at (305) 371-8846 or visit 🌐 www.elizeelawfirm.com for a consultation.

Patricia Elizee is the managing partner of the Elizee Law Firm, an immigration law firm located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. Phone 305-371-8846. The law firm was established in 2012. Ms. Elizee earned her Juris Doctorate at the University of Miami School of Law and her Masters in Law from the University of Washington School of Law.