On January 28, 2025, Secretary of Homeland Security vacated the January 17, 2025, notice that extended the Temporary Protected Status designation for Venezuela.
President Biden used Temporary Protected Status to provide temporary protection from deportation to approximately a million immigrants from 17 countries that had natural disasters or military conflicts that made it dangerous for people to be deported there. President Trump said he wanted to deport “criminals” but now he is targeting the most vulnerable immigrants in the country, who are here with lawful status.
The Trump administration has revoked immigration protection for more than 600,000 Venezuelans in the United States. President Biden had extended their Temporary Protected Status an additional 18 months but only weeks later, President Trump rescinded that protection.
While the extension has been rescinded, the Homeland Security Secretary now has to make a decision by February as to whether Temporary Protected Status (“TPS”) for Venezuelans should be renewed. If the Secretary chooses not to extend TPS for Venezuelans then 300,000 will lose their protected status this April and another 300,000 will lose it in September.
This announcement has people wondering if the Trump administration will next go after the TPS extensions for El Salvador, Ukraine, or the Sudan.
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services [CIS No. 2803-25] Vacatur of 2025 Temporary Protected Status Decision for Venezuela
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS).
ACTION: Notice of Temporary Protected Status (TPS) vacatur.
SUMMARY: Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) has decided to vacate the January 10, 2025 decision of former Secretary of Homeland Security Alejandro Mayorkas regarding TPS for Venezuela. Former Secretary Mayorkas (1) extended the 2023 designation of Venezuela for TPS for 18 months, (2) allowed a consolidation of filing processes such that all eligible Venezuela TPS beneficiaries (whether under the 2021 or 2023 designations) may obtain TPS through the same extension date of October 2, 2026, and (3) extended certain Employment Authorization Documents (EADs ). All of this also had the effect of extending the 2021 designation. This notice vacates Mayorkas’ notice immediately.
DATES: The vacatur is effective immediately.
FOR FURTHER INFORMATION CONTACT: Samantha Deshommes, Chief, Regulatory Coordination Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security, 800-375-5283.
https://www.uscis.gov/sites/default/files/document/notices/Venezuela-Vacatur-FR-SIGNED.pdf
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