DHS Vacates 18-Month Extension and Terminates 2023 TPS Designation for Venezuela
On February 3, 2025, the Department of Homeland Security (DHS) announced that it has terminated the 2023 Temporary Protected Status (TPS) designation for Venezuela after determining that the current country conditions no longer support the designation. This decision comes after last week’s announcement that DHS vacated the recent Biden Administration’s notice extending TPS designation for Venezuela for an additional 18 months.
Based on the vacatur of the 18-month extension for TPS Venezuela, the US Citizenship and Immigration Services (USCIS) has stopped accepting TPS re-registrations and EAD applications. The adjudication of these applications has ceased and the USCIS will issue refunds for any fees paid. The vacatur also rescinds the automatic TPS EAD extensions provided with the 18-month extension for TPS Venezuela.
The DHS’ termination notice only applies to the 2023 TPS designation for Venezuela, which expires on April 2, 2025. TPS beneficiaries who applied under the 2023 designation will no longer receive TPS benefits starting 60 days after the DHS publishes its notice of termination on February 5, 2025 in the Federal Register.
For TPS beneficiaries who filed under the 2021 TPS designation for Venezuela, the DHS must determine, by July 12, 2025, whether to extend or terminate the designation, which will expire on September 10, 2025. Based on the termination of the 2023 designation, it is very likely that the DHS will issue a notice of termination in July.
What this means for clients:
Employers should seek other immigration options for employees who are impacted by the termination of the 2023 TPS designation for Venezuela as their work authorization and status will no longer be valid in April. Similarly, employers should seek alternative options for employees whose TPS status and work authorization under the 2021 TPS designation will likely be subject to termination in September. It is possible that federal lawsuits challenging the DHS’ termination may be filed similar to what happened in 2017-2018 when the prior Trump Administration cancelled certain TPS designations. If this occurs, the termination could be paused. We will continue to monitor this matter and will provide any updates.
Please note: Where we have previously been made aware of employees from Venezuela who are working in TPS, we have already reached out to clients to discuss available immigration alternatives.