Uncertainty between thousands of Venezuelans in the United States on Continuity of temporary protection status (TPS) has grown in recent weeks, especially due to Cross information that has been published on social networks and in the media. Given this, Immigration expert lawyer Víctor Badell clarified that The beneficiaries of the permit granted in 2021 have not lost their status And that, in fact, they are still automatically protected by federal law.
In an interview with The Nationalthe expert said that For those who received the TPS granted in 2021, the extension is automatic by law And it does not depend on a formal announcement of the current Government of Donald Trump.
“In the Immigration and Nationality Act 244 (b) (3) (c). That is in the United States Code in 1254a (c) (3) (c). It is established very clear that, at least 60 days before the expiration of a TPS, the government must pronounce on whether it will extend it, if it will end, etc. If it does not, the law provides for an automatic extension for six months. They don’t have to say anything. It is automatic, of law, ”he said.
The clarification arises after some Venezuelan spokesmen in the United States, as is the case of Adelys Ferro, director of Venezuelan American CaucusThey said that until the official TPS page for Venezuela is not updated there are no reasons to believe in an automatic extension.
Why is the extension of TPS for Venezuelans of 2021 automatic?
Badell explained that the norm seeks to protect the beneficiaries against abrupt decisions. The Government, to finish a TPS, must justify with a serious report that the conditions that motivated their granting have changed substantially.
In the Venezuelan case, the lawyer recalled that the causes that gave rise to the benefit in 2021 are multiple: economic crisis, collapse of the health system, generalized insecurity and institutional deterioration. “You cannot say overnight that these conditions have improved,” he said.
“In February there was no report from the State Department, or analysis of experts in health, economy or security. Nothing. The alleged termination only talked about the TPS granted in 2023, not 2021. For the 2021 group, the government was obliged to rule before September and did not. That activates automatic extension, ”he reiterated.
For Badell, the administration chose to shut up for a strategic reason: “It’s like you tell me that it is a country governed by drug traffickers and then you want to produce a serious report that says the situation improved. They cannot do it. Any pronouncement would give us more tools for the trial we are fighting, so they preferred to remain silent.”
The lawyer recalled a recent precedent. On May 5 of this year, the Government acknowledged that it had not ruled on time over the South Sudan TPS And he published, a month later, that he was automatically extended for six months.
“The Secretary could not make an informed decision on the designation of South Sudan before the deadline of March 4, 2025 due to the lack of an updated analysis of the country’s current conditions. Consequently, the designation of South Sudan to the TPS automatically extends for six months, from May 4 to November 3, 2025,” says the official notification published by the Federal Registry of the US government.
It does not rule out a similar publication in the Venezuelan case in the coming weeks. “This has happened many times. Even in the first Trump administration there were cases in which months later were pronounced. The point is that, in legal terms, silence implies automatic extension. The problem is that some employers or institutions demand the physical document or the renewed work card, although the protection remains in force,” said the expert.
Badell stressed that Every Venezuelan who has requested the renewal of the TPS or the work permit before February 5, 2025, either from the 2021 or 2023 group, is protected until October 2, 2026.
“There are not 5,000 as some say, there are many more. And they don’t have to have approval in hand to be protected. This is something that I want the public to understand and be clear,” he said.
To solve problems with employers or licenses, the lawyer published explanatory letters that have been accepted in several states. “I have dozens of cases of people who retained their work or renewed their license showing the norm,” he said.
What is TPS and how many Venezuelans do they have?
The temporary protection status (TPS) is a immigration benefit granted by the United States government to citizens of countries affected by armed conflicts, natural disasters or extraordinary crises that prevent their safe return. During its validity, it protects against deportation and allows you to obtain a work permit.
In March 2021, the administration of President Joe Biden granted TPS to Venezuelans due to the serious political, economic and humanitarian crisis in the country. Since then, it has benefited hundreds of thousands of migrants residing in the US before the established cutting date.
Currently, there are two groups of Venezuelans with TPS: those of 2021, who obtained it with the initial designation; and those of 2023, covered by a new designation that included those who arrived later.
The current confusion arises because in February 2025 the government announced the termination of the TPS of 2023, but did not rule on the 2021.
The trial in California for the TPS termination
The legal battle to annul the decision of the Secretary of National Security of February is fought in a Federal District Court in California. The case is in the hands of Judge Edward Chen, who You must decide if the termination was legal.
This lawsuit was filed by a group of TPS beneficiaries, together with migrant defense organizations, to challenge the decision of the Secretary of National Security Kristi Noem of February 9, 2025, which announced the termination of the TPS for the group designated in 2023.
“The objective of this lawsuit is that the judge declares illegal the alleged termination of the TPS, for being capricious, preconceived and for not complying with the procedures established by the Law of Administrative Procedures (Administrative Procedure Act), Section 706,” Badell explained.
In accordance with the Immigration and Nationality Act and the Administrative Procedures Law (Administrative Procedure Act, known as APA), to end a TPS, the National Secretary of Security must consult the State Department and receive a formal report prepared by experts in areas such as health, economy, security and politics. In addition, it has to justify in writing that the conditions that motivated the TPS have improved substantially.
In the Venezuelan case, none of these steps was fulfilled. What was found in the file were only internal emails between low -level officials, without deep analysis or official data that support the decision, according to the lawyer.
Now, Judge Edward Chen, a magistrate with experience in complex migratory cases, He must decide whether the Secretary of National Security acted within the law or extracted in his functions.
“In New York, a judge already failed in a similar case that the termination of the TPS of another country was illegal due to lack of consultation and serious analysis. We hope Judge Chen will reach the same conclusion in our case,” Badell said.
The interesting thing is that a long judgment is not being requested, but a summary decision. This means that the judge could resolve based on the existing file, without opening a probative phase that could last years.
In recent months, the Supreme Court intervened in an aspect other than the case: a precautionary measure that Judge Chen had dictated to protect all the beneficiaries while deciding the trial.
The highest court resolved that district judges cannot suspend the decisions of the Executive at the national level before a substantive trial. This left more than 350,000 Venezuelans of the TPS 2023 without immediate protection, but did not directly affect the bottom of the case.
“The Supreme Court did not say that the president or the secretary could end the TPS. What he said was that precautionary measures of national reach could not be given before a complete trial,” Badell said.
What can happen to the TPS in the next few days?
Last week, Judge Chen received the last writings from both parties. The Government asked to suspend the process until an appeal court resolves a related issue, but the judge has rejected those requests three times when considering that the waiting damage would be too large for more than 600,000 Venezuelans.
If the judge fails in favor of the plaintiffs The termination of the TPS would be declared illegal and, therefore, the extension granted by former Secretary Alejandro Mayorkas would be maintained in force. Both the TPS of 2021 and the 2023 would continue protected until October 2, 2026.
In the event that the judge decides to wait or fail againstthousands of Venezuelans would enter into an immediate legal limbo, which would lead many to lose their job or driver’s license. In addition, a new front of appeals would open that could take years.
“If you decide to endure the decision, it would be devastating. I would leave everyone in a legal limbo,” Badell warned, who trusts a favorable pronouncement in the next few days.
