United States: DHS Vacates Recent Temporary Protected Status Extension for Venezuela
January 30, 2025
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At a glance
- The Department of Homeland Security (DHS) has rescinded a recent Biden-era action that had extended Temporary Protected Status (TPS) for Venezuela through October 2, 2026.
- As a result, the 2023 designation for Venezuela TPS and any associated TPS-related protection and documentation for beneficiaries will revert to expiring after April 2, 2025.
- Those who are registered under the 2021 Venezuela TPS designation will still have TPS protection through at least September 10, 2025.
The issue
Secretary of Homeland Security Kristi Noem has vacated a January 17, 2025 Federal Register notice that had extended Temporary Protected Status (TPS) for Venezuela through October 2, 2026. According to a notice released last night and scheduled for Federal Register publication on February 3, effective immediately, the 2021 and 2023 Venezuela TPS designations will revert to their prior expiration dates, and become subject to the following rules and timelines:
- 2023 Venezuela TPS Designation: TPS is now valid for current beneficiaries through April 2, 2025. However, DHS must determine whether to extend the 2023 designation by this Saturday, February 1, 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 April 2).
- 2021 Venezuela TPS Designation: TPS will remain valid for current beneficiaries 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 any 2021 Venezuela TPS registrants chose to register under the 2023 designation – as they were permitted to do under the now-vacated TPS extension notice – DHS will restore their 2021 designation, and they will be subject to the above 2021 designation validity dates.
Secretary Noem’s notice also states that if DHS does not make a decision on whether to extend these designations by their required dates, an automatic six-month extension will apply. However, it is expected that DHS will make a decision before the respective deadlines, and it is likely that DHS will decide to terminate the designations, and if that occurs, TPS protection and associated work authorization will expire according to the above timeframes.
Impact on applications already submitted under the extended designations
Applicants were permitted to begin applying for re-registration under the now-vacated notice on January 17, 2025, and beneficiaries were to be issued TPS-related documentation valid through October 2, 2026. As a result of the TPS extension rescission, USCIS will immediately cease processing these applications and will refund any related fees to applicants. Any Venezuela TPS EADs, approval notices, or other TPS-related documents that have been issued with October 2, 2026 expiration dates are invalidated; however, given that the application filing period only opened on January 17, it is unlikely that USCIS has completed processing of many, if any, such applications.
In addition, the notice states that the previously announced automatic extension of Venezuelan TPS EADs to April 2, 2026 has been rescinded, returning EADs to their previously applicable validity period.
What it means
DHS’s rescission of the January 17 Venezuela TPS extension means that TPS beneficiaries who have already submitted or who had planned to submit a timely application to re-register under the notice will not receive the benefit of that extension, and instead will be subject to the above TPS expiration and possible termination timeframes. Foreign nationals 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.
It should be noted that the first Trump administration attempted to terminate a number of TPS designations, which resulted in court challenges. It is possible that Secretary Noem’s vacatur action 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.
