A U.S. federal judge on March 31, 2025 blocked the Trump administration from stripping 348,202 Venezuelan immigrants of their legal status known as “Temporary Protected Status” (TPS) under the 2023 designation of Venezuela for TPS.
According to a decision announced by Secretary of the Department of Homeland Security (DHS or department) Kristi Noem in February, these migrants were slated to lose their Biden-administration-issued work permits and deportation protections on April 7, 2025 as opposed to later in 2026.
But now, U.S. District Court Judge Edward Chen has postponed her action which he described as “unauthorized by law, arbitrary and capricious, and motivated by unconstitutional animus,” in favor of TPS holders until he rules on the case.
Find more information about TPS below.
What is Temporary Protected Status (TPS) in the U.S.?
Temporary Protected Status allows the U.S. government via the Secretary of DHS, to grant temporary immigration benefits to eligible migrants from countries experiencing war, environmental disasters or other extraordinary crises that make it dangerous to live there.
TPS was created by Congress in the Immigration Act of 1990 and was first granted to nationals of El Salvador.
As the name implies, TPS does not place beneficiaries on a path to permanent legal residency. However, they are not barred from acquiring nonimmigrant or immigrant status if they meet the requirements.
TPS beneficiaries are eligible to apply for renewable work permits and travel authorizations. Also, TPS holders cannot be detained on the basis of their immigration status, and are not subject to removal so long as they continue to meet the requirements of TPS.
TPS for Venezuelans
In 2021, Joe Biden’s administration via then-Secretary of DHS Alejandro Mayorkas designated Venezuela for TPS for the first time citing “extraordinary and temporary conditions” in Venezuela that prevented nationals from returning in safety.
Then in 2023, Venezuela was redesignated for TPS based on “Venezuela’s increased instability and lack of safety due to the enduring humanitarian, security, political, and environmental conditions.”
This means there are two separate and concurrent Venezuela TPS designations.
The 2021 designation (which was extended) is set to expire in September, 2025. The 2023 designation was originally set to expire April 2, 2025 but was extended last-minute to October 2026 before the present administration set it aside.
As of September 30, 2024, a total of 505,400 Venezuelan migrants had TPSin the U.S.: 256,625 under the 2021 designation and 248,775 under the 2023 redesignation.
Duration of Temporary Protected Status in the U.S.
The Secretary of DHS has the discretion to designate a country for TPS for periods of 6, 12 to 18 months and can extend these periods if the country continues to meet the conditions for designation.
If the conditions continue to meet the criteria for TPS designation, TPS will be extended for an additional period of 6 months or, in the Secretary’s discretion, 12 or 18 months.
DHS must decide to extend or terminate TPS at least 60 days before it expires and the decision must be published in the Federal Register.
If in the case of termination, the decision comes later than 60 days, it takes effect on the expiration date of the most recent previous extension of the country designation.
Who is eligible for Temporary Protected Status in the U.S.?
To be eligible for TPS, the following conditions must be met:
- Be a national of a designated country
- Apply during the designated registration period
- Be continuously physically present in the U.S. since a designated date.
Additionally, there are grounds of inadmissibility for TPS that cannot be waived, including those relating to drug offenses, terrorist activity, criminal convictions and the persecution of others.
Countries that qualify for Temporary Protected Status in the U.S.
Currently, there are 17 countries with TPS designations: Afghanistan, Burma, Cameroon, El Salvador, Ethiopia, Haiti, Honduras, Lebanon, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, and Yemen.
The Biden administration greatly expanded the number of immigrants eligible for TPS, creating or expanding programs for Afghanistan, Cameroon, Haiti, Ukraine, Venezuela and other countries, with the Venezuela TPS program being the largest, covering over 500,000 people.
As of September 30, 2024, approximately 1,095,115 foreign nationals in the U.S. from these countries were protected from removal by TPS.
How to apply for Temporary Protected Status in the U.S.?
Applicants for TPS are to fill out an application form, pay specified fees and submit required documents to DHS’s U.S. Citizenship and Immigration Services before the deadline set forth in the Federal Register notice announcing the TPS designation.
The application must include supporting documentation as evidence of eligibility (e.g., a passport issued by the designated country and records showing continuous physical presence in the United States since the date established in the TPS designation).
Applying for re-registration
Every time the department announces the extension of the TPS designation for a particular country, beneficiaries from that country must apply to re-register.
This is because TPS is an ongoing benefit that requires periodic re-registration during specified periods to maintain protected status. The re-registration period, usually 60 days, is specified for each country in the notice in the Federal Register announcing each extension. Missing the re-registration deadline can result in loss of TPS benefits.
For re-registrations, there are no associated filing fees and generally, re-registration applicants do not need to submit copies of any documentation to demonstrate eligibility.
What happens after Temporary Protected Status ends?
When the department terminates TPS protection, beneficiaries revert back to the previous immigration status they had before TPS.
For those undocumented or with expired or terminated status, they become subject to removal proceedings.
Need help with immigration? Talk to us at The Law Offices of Anne Z. Sedki
With changes happening everyday in immigration under the current administration, if you’re a TPS beneficiary in the U.S., now is the time to take advantage of your status to build a secure future.
While TPS isn’t a direct path to obtaining legal permanent residence (green card), you can still pursue a green card through other means, such as employment or family sponsorship.
At The Law Offices of Anne Z. Sedki, we’ve helped many TPS beneficiaries acquire employment-based and family-based visas and we’d love to help you too.
To discuss your case and evaluate potential options, contact our offices on +15169636672 or +1-516-487-3831 or via this online form to schedule a consultation with our experts. We look forward to getting you started on the path to a green card.