What happened to Temporary Protected Status?
Before he left office, President Joe Biden issued an eighteen (18) month extension of Temporary Protected Status (“TPS”) for Venezuela. The extension of TPS would have allowed eligible Venezuelans to stay legally and work in the United States until October 2, 2026. After taking office, President Donald Trump’s administration cancelled the extension implemented by President Joe Biden. Venezuelans who may lose protection under this immigration policy should consult a removal defense attorney to understand whether another form of relief may be available.
On January 28, 2025, Homeland Security Secretary Kriti Noem announced that TPS protections will end on September 10, 2025, stripping away an entire year of protection from deportation for approximately 600,000 Venezuelans in the United States.
What is TPS?
Temporary Protected Status (“TPS”) is a temporary immigration status provided to nationals of certain countries that are experiencing ongoing armed conflict, environmental disaster, or extraordinary and temporary conditions that make it difficult or unsafe for people to return to their home country. TPS allows foreign nationals from designated countries to live and work legally in the United States temporarily.
TPS does not grant legal status to foreign nationals and does not provide an independent path to lawful permanent residence (green card) or citizenship. In order to be eligible for TPS, an applicant cannot be otherwise inadmissible to the United States or be barred from asylum for certain criminal or national security-related reasons. A criminal immigration defense attorney can evaluate how an arrest, pending charge, or conviction may affect a person’s immigration options.
The Secretary of Homeland Security of the United States has the discretion to decide which countries may fall under the TPS designation. The Secretary also has the power to decide whether a foreign country’s conditions has changed or improved enough in order to change a countries TPS designation.
Which countries are designated for TPS?
There are currently 17 countries that have TPS designation. As of March 31, 2024, there were approximately 863,880 people in the United States with TPS. Of all the immigrants currently in the United States with TPS, around 600,000 are from Venezuela.
What will happen to those Venezuelans in the United States if the TPS designation is not renewed?
A termination, lack of redesignation, or extension of TPS for Venezuela will mean that immigrants from Venezuela who previously held TPS will revert back to their immigration status prior to receiving TPS. This means that Venezuelans with TPS could become undocumented and face deportation from the United States if they do not have a separate legal pathway to remain in the United States.
Will TPS be immediately cancelled for people from Venezuela?
No. The recent action taken by the Trump administration does not immediately revoke TPS for people from Venezuela. The TPS designation for Venezuela will remain in place until September 8, 2025. However, after, September 25, 2025, Venezuela will not be redesignated as a TPS country. This means that all Venezuelans who are in the United States on TPS will lose their ability to work and remain legally in the United States after September 25th unless they have an independent pathway to legal status.
If my TPS is not renewed, will I be detained and deported from the United States?
It is important to note that any undocumented alien illegally present in the United States may be subject to detention by Immigration and Customs Enforcement (ICE) and removal from the United States. However, simply because someone is subject to detention and removal, does not necessarily mean that ICE officials will start searching for and detaining individuals who are in the country who had their TPS revoked.
One of the most common ways that non-citizens are detained by ICE officials is when they are arrested for committing a state criminal offense. Once detained in the local county jail, local law enforcement will notify ICE that they have a foreign national in their custody. If ICE officials suspect that you are illegally present in the United States, then they will place an immigration detainer or ICE hold on that individual. If ICE puts a detainer on an inmate, that individual will be transferred to immigration custody within 48 hours after their scheduled release date from state custody.
What should I do if I have TPS?
You should immediately contact an immigration attorney to see if you qualify for some other legal pathway to obtain permanent resident status or citizenship. If an arrest or state criminal charge may also affect your TPS or immigration status, contact a criminal defense attorney in Austin, TX for guidance on the criminal aspects of your case.
