United States: DHS Issues Notice Terminating 2023 TPS Designation for Venezuela
February 3, 2025
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At a glance
- Today, the Department of Homeland Security (DHS) released an advance copy of a notice that terminates the 2023 Temporary Protected Status (TPS) designation for Venezuela 60 days after the notice’s publication, which is set for February 5.
- Upon the effective date of the notice, those with TPS under the 2023 designation will lose protection.
- Those who are registered under the 2021 Venezuela TPS designation will maintain TPS protection through at least September 10, 2025.
The issue
The Department of Homeland Security is terminating the 2023 Temporary Protected Status (TPS) designation for Venezuela, according to an advance copy of a Federal Register notice that will be published on February 5 and take effect 60 days later. Under the notice, TPS beneficiaries who registered only under the 2023 Venezuela designation will no longer have TPS protection from removal after the effective date, and their TPS-related employment authorization and related documents will no longer be valid.
According to DHS, it is terminating the 2023 Venezuela TPS determination because, even if the relevant conditions in Venezuela remain both “extraordinary” and “temporary,” – two of the criteria for TPS designation – the DHS Secretary has made a determination that it is contrary to the U.S. national interest to permit Venezuelan beneficiaries to remain temporarily in the United States.
Impact on beneficiaries of the 2023 designation
Last week, Secretary of Homeland Security Kristi Noem vacated a January 17, 2025 Federal Register notice that had extended Temporary Protected Status (TPS) for Venezuela through October 2, 2026. Secretary Noem’s action returned the 2021 and 2023 Venezuela TPS designations to their prior expiration dates.
Following Secretary Noem’s vacatur, the expiration date for the 2023 designation reverted to April 2, 2025 and DHS was required to determine whether to extend the designation by Saturday, February 1, 2025. An announcement on the USCIS website states that Secretary Noem made a decision to terminate the 2023 TPS designation for Venezuela on February 1.
Under the termination notice and DHS announcement, Venezuela TPS protection, work authorization and other TPS-related benefits issued pursuant to the 2023 designation will be invalidated 60 days after the February 5 publication of the DHS termination notice.
2021 Venezuela TPS designation remains valid for now
TPS will remain valid for current beneficiaries of the 2021 Venezuela TPS designation through September 10, 2025. A decision on whether to extend this designation must be made by DHS by July 12, 2025. If DHS decides to terminate the designation by that date, the termination cannot take effect earlier than 60 days after the termination notice is published (and not earlier than September 10). According to DHS, if a determination is not made by that date, a six-month extension of the designation would apply.
DHS also stated that for any 2021 Venezuela TPS registrants who chose to register under the 2023 designation – as they were permitted to do under the now-vacated Venezuela TPS extension notice – the agency will restore their 2021 designation, and they will be subject to the 2021 designation validity dates.
What it means
Current beneficiaries of the 2023 TPS designation may wish to seek immigration counsel to determine if there are other available immigration pathways for remaining in the United States and maintaining work authorization after their TPS protection and work authorization expire.
There is some question as to whether DHS issued its notice in a timely manner, since it was issued less than 60 days prior to the TPS designation end date. This issue could be raised in litigation that may be filed challenging the termination of Venezuelan TPS. The first Trump administration attempted to terminate a number of TPS designations, which resulted in court challenges. Secretary Noem’s decision to terminate the 2023 Venezuela TPS designation, and/or the timing of the issuance of the notice of termination could prompt similar court challenges.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
