The 2021 TPS designation for Venezuelans expires on November 7, and for those designated in 2023, it will expire on October 2, 2026.
The 2021 TPS designation for Venezuelans expires on November 7, and for those designated in 2023, it will expire on October 2, 2026. / Photo EFE / Author: Cristobal Herrera

As early as November, the protections of Temporary Protected Status (TPS) for nearly 250,000 Venezuelans, will be annulled and they will be subject to deportation if they are arrested.}

This group of Venezuelans, who began receiving temporary protection in 2021, are the first of a total of 600,000 Venezuelan TEPs who will lose their status and, consequently, the validity of their work permits.

According to a warning note published by the Citizenship and Immigration Services (USCIS) in its Internet portal, TPS protections for Venezuelans granted TPS in 2021 expire on November 7, 2025, at 11:59 p.m. 

This means that, as of that date and time, these Venezuelan immigrants will be without immigration protection. 

Related:  North Carolina Tepesians apply for permanent residency

Litigation continues for Venezuelan TPE residents in 2023 

Meanwhile, protection for Venezuelans who had TPS since 2023, which was extended by the Biden administration in January and benefited some 350,000 people, was scheduled to expire on October 2, 2026. 

But in February, upon taking office, Department of Homeland Security (DHS) Secretary Kristi Noem announced the rescission of the extension, meaning protections for this group of Venezuelans would end in April.  

However, the decision was blocked by a federal judge in the District Court of California, who is handling the case filed by the National TPS Alliance , citing that the decision may have been based on racial animus. 

The suspension was upheld in April by the Ninth Circuit Court of Appeals, and the government then appealed to the Supreme Court.

The government argues that Venezuela no longer faces a crisis that warrants its citizens having TPS. 

Related:  What will happen to the migration processes of Venezuelans after Maduro's capture?

A group of Venezuelans will retain their status for another year. 

On October 3, the Supreme Court issued a ruling, giving the government the green light to move forward with the immediate cancellation of TPS for Venezuelans, effective for both 2021 and 2023 protections. 

Following the ruling, USCIS published a notice on its website stating that the South American country "no longer meets the conditions for its TPS designation, and that cancellation is required for 2021 and 2023, as it is contrary to the national interest." 

But USCIS highlighted one exception, saying in the notice that “Venezuelans who had received a employment authorization card (EAD) ), with expiration date October 2, 2026 , issued on or before February 5, 2025 , will be able to keep their current work permit.” 

The Alliance confirmed that, "the Supreme Court strike does not affect protections for Venezuelan TPS holders who received documents related to TPS." between January 17 and February 5, 2025 ”. That is, a small group of Venezuelans who managed to renew the extension within a period of 12 days.

According to National TPS Alliance , the cancellation will remain in effect for the duration of the appeals process, until the case returns to the Supreme Court for a decision on the merits. 

After the storm

A year ago, Hurricane Helene struck western North Carolina. The Latino community responded with something stronger than the storm: solidarity. 

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Community journalist Enlace Latino NC. Of Colombian origin, Patricia covers a variety of topics related to the Latino community in North Carolina. Her journalistic work has been recognized...

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