The American Homeland Security Department has taken steps that could make over 350,000 Venezuelans residing in the U.S. susceptible to potential deportation by the start of spring. They had been provided temporary protective measures back in 2023, but recent developments revealed in a pre-published Federal Register notice on Monday made clear that these protections will not be extended.
The Homeland Security head removed the Temporary Protected Status (TPS) given to Venezuelans. The reasoning was rooted in the belief that extending these statuses for Venezuelans who got them in 2023 is against the U.S. national interest. The official also underlined the escalating gang-related activities as contributing to this decision. These individuals, granted the TPS status in 2023, can continue to have their work permits and deportation shields intact until the month of April.
The previous Biden administration’s initiatives, which created legal avenues for immigration, have seen significant reductions under the Trump administration. They terminated the humanitarian parole for those seeking asylum and discontinued a different program that provided work permits and protections to individuals from Cuba, Haiti, Nicaragua, and Venezuela, but only if they had a U.S. sponsor and had successfully passed a background examination.
Under Biden’s leadership, the extension of these protections was guaranteed till October of 2026. But the recent changes brought by DHS is anticipated to be challenged in court, stemming from precedents set in 2018 when TPS designations for certain countries were halted but eventually overruled by judicial orders.
Countries are usually granted TPS designation in situations where it’s considered extremely hazardous for nationals to return to their homelands due to war, natural disasters, or similarly uncertain conditions. This differs from decisions made solely based on ‘national interest’. This TPS designation for Venezuela has brought challenges for the local communities, impacting their resources due to the rising numbers of protected immigrants.
Venezuela’s TPS status implicitly facilitated the establishment of a Venezuelan gang named Tren de Aragua, or TDA, in local communities. This plays a factor in the current decision to discontinue the TPS protection for Venezuelans.
The Venezuelan TPS recipients can be categorized into two primary groups. Approximately a quarter-million Venezuelans who have had TPS since 2021, and there’s another group of 350,000 Venezuelans, who have been under TPS since 2023. The former group continues to enjoy the TPS protections until September 10.
Typically, TPS is a program intended to provide protection for a fixed duration, usually around 18 months. During this period, the protected individual has the freedom to work and live in the U.S. without fear of deportation. However, this status does not serve as a direct legal route towards acquiring U.S. citizenship.
Interestingly, while TPS holders do not have a direct path to citizenship, they can pursue asylum eligibility while retaining the TPS status, if they meet the necessary criteria to do so.
On the final day of his tenure in 2021, the Trump leadership instituted an 18-month deportation protective provision known as Deferred Enforcement Departure (DED) for Venezuelans. The ongoing instability of governance under President Nicolás Maduro was the central argument for this action.
The announcement stated, ‘President Nicolás Maduro’s administration, by means of oppression and deception, has led to the most severe humanitarian crisis in the Western Hemisphere in recent times.’ It further highlighted that the national economic collapse and critical shortages of fundamental goods and medication have driven roughly five million Venezuelans to abandon their country, often under perilous conditions.
Following Trump’s term, the Biden administration notably granted Venezuela a TPS designation, succeeding the previous 18-month DED protection granted under Trump. Regular security checks and background screenings are necessary for all TPS recipients during their application process.
Estimates put the total TPS recipients at around one million across all designated countries. Every individual must go through a thorough screening and background check during the application process.
Currently, there are 17 countries enjoying TPS status including Afghanistan, Burma, Cameroon, El Salvador, Ethiopia, Haiti, Honduras, Lebanon, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, and Yemen.
While policies surrounding this issue continue to evolve, it’s clear that the fate of these TPS holders, from a myriad of countries around the world, rests on the evolving political intricacies and national interest decisions of the United States, and for Venezuelans, in particular, changes loom on the horizon.