Understanding Temporary Protected Status for Venezuelans

Temporary protected status (TPS) for Venezuelan nationals underwent significant changes in 2025. Following a series of legal and administrative actions, the Venezuela TPS landscape shifted significantly, and the consequences of misunderstanding your current designation could be serious. At The Law Office of Rosina C. Stambaugh, we’re here to help you understand your rights, avoid costly missteps, and stay informed.

What Is TPS?

TPS allows individuals from certain countries to remain legally in the United States if it’s unsafe for them to return. There are three statutory bases for designating TPS: ongoing armed conflict, environmental disasters, or extraordinary and temporary conditions. TPS offers temporary protection and work permission, but it does not provide a path to permanent residency or citizenship.

Previously, the Department of Homeland Security cited “extraordinary and temporary conditions” as its reason for conferring TPS upon Venezuela. Such conditions, it argued, may prevent Venezuelan nationals from returning safely to the country. Former Secretary Mayorkas stated in a press release, “The living conditions in Venezuela reveal a country in turmoil, unable to protect its own citizens. It is in times of extraordinary and temporary circumstances like these that the United States steps forward to support eligible Venezuelan nationals already present here, while their home country seeks to right itself out of the current crises.”

Specifically, DHS cited the following as extraordinary and temporary conditions:

• Widespread hunger and malnutrition,
• Growing influence of non-state armed groups,
• Repression, and
• Crumbling infrastructure.

However, the current DHS Secretary, Kristi Noem, has rescinded Venezuelan TPS status. As of May 31, 2025, the U.S. government has terminated the 2023 designation of Venezuela for TPS, making it no longer possible to apply for TPS under that selection.

What Is the Current Status of TPS for Venezuelans in the U.S.?

As of May 2025, TPS for Venezuelans in the U.S. may fall under two possible TPS designations.

2021 Designation

The 2021 TPS designation for Venezuela remains in effect through September 10, 2025. The DHS is expected to decide by July 12, 2025, whether to extend, redesignate, or terminate this version of TPS.

If you currently fall under this designation, continue to:

• Keep your address updated with USCIS,
• Renew your employment authorization document (EAD) on time, and
• Watch for updates from USCIS and the Federal Register.

Our office monitors these developments and can alert you when action is needed to maintain your status.

2023 Designation

Terminated effective April 7, 2025. This version of TPS, which expanded eligibility to later arrivals, was rescinded by DHS Secretary Kristi Noem. The U.S. Supreme Court granted the government’s emergency stay on May 19, 2025, blocking a lower court’s attempt to reinstate this designation.

If your TPS was issued under the 2023 designation:

• Do not continue working without authorization—doing so can jeopardize future immigration benefits;
• Schedule a legal consultation—you may qualify for asylum, family-based relief, or other forms of protection; and
• Prepare a plan—you must be ready to respond to a potential notice to appear (NTA) in immigration court.

The Law Office of Rosina C. Stambaugh regularly assists clients in transitioning from TPS to other forms of legal protection and can help you understand your best options.

How Do I Determine Which Venezuela TPS Designation I Am Eligible for?

The fastest way to determine your Venezuela TPS status is by checking your EAD:

• If your EAD expires on September 10, 2025, the 2021 designation applies to you.
• If your EAD expired April 2, 2025, your protection fell under the now-terminated 2023 designation.

If you’re unsure, speak with a qualified immigration attorney before taking any further steps.

What Does the Termination of the 2023 Venezuela Temporary Protected Status Designation Mean?

The Department of Homeland Security officially terminated the 2023 Venezuela Temporary Protected Status designation on February 5, 2025, and the Supreme Court stayed a lower court’s attempt to block that decision on May 19, 2025. As a result:

• Individuals under the 2023 designation no longer hold Temporary Protected Status as of April 7, 2025;
• Work authorization is no longer valid if issued under this designation; and
• Those affected may now be subject to removal proceedings, depending on their overall immigration status.

This change means thousands of Venezuelan nationals who had briefly gained protection in 2023 are now facing urgent legal uncertainty.

Can I File a Venezuela TPS Extension?

The DHS has stated that further updates on the 2023 designation are forthcoming; however, there is currently no path to reinstatement. For now, individuals cannot file a Venezuela TPS extension under the 2023 designation and should consult legal counsel to explore other immigration relief options.

The 2021 TPS designation for Venezuela remains in effect through September 10, 2025. If you currently have a pending re-registration TPS application (Form I-821) or Employment Authorization application (Form I-765) filed under this designation as of October 3, 2023, you do not need to file again. If approved, you will receive a TPS designation and an EAD valid through September 10, 2025.

The Law Office of Rosina C. Stambaugh Can Help

At the Law Office of Rosina C. Stambaugh, we provide:

• Personalized legal strategy sessions to evaluate TPS status and transition options;
• Help with re-registration and EAD renewals under the 2021 designation;
• Representation for those placed into removal proceedings after the 2023 termination; and
• Alternative pathway analysis, such as asylum, VAWA, or cancellation of removal.

Attorney Rosina C. Stambaugh is a nationally recognized immigration attorney known for her courtroom advocacy, practical guidance, and deep understanding of humanitarian immigration law. With a team of dedicated legal professionals, we help clients nationwide protect their rights and futures. For more information about our services and how we can help, please contact us online or call 717-910-6144.

Rosina Stambaugh, founder of The Law Office of Rosina C. Stambaugh in York, brings a wealth of expertise to immigration law. With a focus on removal defense, Ms. Stambaugh has successfully litigated cases across various Immigration Courts, the Board of Immigration Appeals, and the Third Circuit Court of Appeals, offering comprehensive support to clients facing diverse immigration challenges. She also represents individuals and families applying for affirmative benefits with U.S. Citizenship & Immigration Services.

Resource List:

• ICE Temporary Protected Status, link.
• ICE Temporary Protected Status for Venezuelans, link.

Rosina Stambaugh

Rosina C. Stambaugh, founder of The Law Office of Rosina C. Stambaugh in York, brings a wealth of expertise to immigration law. With a focus on removal defense, Ms. Stambaugh has successfully litigated cases across various Immigration Courts, the Board of Immigration Appeals, and the Third Circuit Court of Appeals, offering comprehensive support to clients facing diverse immigration challenges. She also represents individuals and families applying for affirmative benefits with U.S. Citizenship & Immigration Services.