U.S. Supreme Court Decision Allows TPS Termination for Venezuelans to Move Forward
by xavier warren, intern
In May, the Supreme Court allowed the Department of Homeland Security’s (DHS) termination of the 2023 Temporary Protected Status (TPS) designation for Venezuela to stand, opening up the possibility of deportation for nearly 350,000 Venezuelans.
What exactly is TPS?
When DHS grants TPS to a country, individuals from that country are able to apply to remain in the U.S. under the designation, and, if approved, they can receive work authorization and protection from deportation. A TPS designation may be granted when a country is generally unsafe to be in—whether it be embroiled in war or other conditions that result in a widespread threat to its civilians. Venezuela was given TPS designation in 2021 and 2023, after a rise in hypercorruption, hyperinflation, and political unrest that resulted in mass food insecurity and poverty.
A TPS designation lasts between six and eighteen months, unless an extension of an additional six, twelve, or eighteen months is granted by DHS––as was the case for the 2021 designation and the 2023 designation, which both had received eighteen-month extensions under the previous administration.
What happened?
On February 5, new DHS leadership terminated the previous administration’s extension of the 2023 TPS designation for Venezuela. The termination was quickly challenged in court, which resulted in a March 31 injunction from the U.S. District Court from the Northern District of California that barred the termination from taking effect. Then, on May 19, the U.S. Supreme Court issued an 8-1 decision that stayed the injunction, allowing termination of the 2023 TPS extension to move forward. This meant that on April 2, 2025, legal status expired for those Venezuelans who had been legally allowed to live and work in the United States under the 2023 TPS designation.
The dangerous conditions in Venezuela that warranted the TPS designation in the first place have not gone away; what has changed is the federal government’s position on TPS and its policies towards immigrants.
Who does this affect?
Approximately 350,000 Venezuelans were granted temporary protected status under the 2023 TPS designation and began building new lives for themselves and their families. Now, going to work, school, doctor’s appointments, or any public place could result in an encounter with ICE, ultimately leading to detention and deportation.
Separately, the estimated 243,000 Venezuelans who received TPS through the 2021 designation still have protected status. However, that designation is set to expire in September of this year, and it is unlikely that DHS will extend it.
How is TNJFON helping?
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How can you help?
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