What is TPS?

Temporary Protected Status (TPS) is a program that provides eligible foreign nationals with temporary permission to live and work in the United States due to unsafe conditions in their home countries, such as natural disasters or political instability. The U.S. government can extend TPS designations for countries in crisis, allowing people from those nations to remain in the U.S. legally for a set period, which must be periodically renewed. TPS holders must re-register for the status each time the expiry date is extended.

Venezuelan nationals have been granted TPS twice in recent years due to ongoing political and economic turmoil in their home country. The first group registered for TPS under the 2021 Venezuela TPS designation, while the second group registered under the 2023 Venezuela TPS designation. On January 17, 2025, the Biden administration extended the TPS protection expiry dates for both groups, with the new expiration date set for October 2, 2026.

 What does this mean?

Last week, the Trump administration revoked this previously-issued extension. As a result, both the 2021 and 2023 TPS designations reverted to their original expiry dates. Specifically, the status of those registered under the 2021 Venezuela TPS designation will expire on September 10, 2025, and those registered under 2023 Venezuela TPS face an expiry date of April 2, 2025.

An additional Trump administration decision regarding Venezuela TPS is scheduled to be published this coming Wednesday. This draft notice, which is available for view on the official Federal Register website, states that the Trump administration will NOT extend the TPS expiry date for those with 2023 Venezuela TPS designations. Once this notice is published, it will leave over 300,000 Venezuelans in imminent danger of losing their protected status and subject to deportation and loss of work authorization if they remain in the United States beyond the looming April 2, 2025 expiry date.

Will this be challenged in court? 

The revocation of and upcoming decision not to extend TPS for certain Venezuelans will certainly be challenged in the courts. Previous attempts by the Trump administration to end TPS for Haiti, Nicaragua, El Salvador, and Sudan were successfully blocked by courts in 2018. This history suggests that there is potential for a court intervention to delay or prevent the revocation of TPS status for affected Venezuelans. However, for those 2023 Venezuela TPS holders, it is crucial to prepare for the possibility that this legal challenge might not succeed.

Who needs to be aware?

Additionally, Venezuela is not the only country with nationals living lawfully in the U.S. with TPS status. Other nations currently designated for TPS include Afghanistan, Burma, Cameroon, El Salvador, Ethiopia, Haiti, Honduras, Lebanon, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, and Yemen. Most of these countries will require TPS re-designations in 2025, while a few will be up for re-designation in 2026. If the administration decides not to renew TPS designations for any of these countries, those TPS holders will face the same imminent loss of status currently faced by those holding 2023 Venezuela TPS status.

What Should TPS Recipients Do Now?

1.  Explore Other Legal Remedies. Consult with an immigration attorney to assess whether you might be eligible for legal status through alternate means, such as through an application filed by a U.S. Citizen or Legal Permanent Resident family member.

2.  Have a Safety Plan. TPS holders, especially those with approaching TPS expiry dates, should be proactive in planning for the possibility of a sudden detention or deportation. Create a household plan listing emergency contacts and instructions for someone to take care of your affairs if necessary. Make sure your children know who is safe to turn to.

3. Prepare for Emergencies. Sign a Durable Financial Power of Attorney to ensure someone can manage your finances and property if you are detained or deported. If you have minor children, sign a Parental Delegation of Authority so that a trusted person can assume guardianship of your children if needed. If you have U.S. citizen children, consider getting U.S. passports for them so they can travel to reunite with you if necessary.
   
   

Know Your Rights.

You have rights in the United States, regardless of your immigration status. Knowing your rights can help you protect yourself and your family. Immigrant service providers such as Lighthouse Immigrant Advocates and the Michigan Immigrant Rights Center offer free resources on this topic.