This Friday, November 7, at 11:59 pm, the Temporary Protection Statute (TPS) for Venezuelans in the United States expires. The decision, endorsed by the Supreme Court, leaves some 250,000 Venezuelan citizens without legal status and at risk of deportation
Some 250,000 Venezuelans will be left without their Temporary Protection Statute (TPS) in the United States this Friday, November 7 at 11:59 pm These citizens will be left in legal limbo and at risk of deportation.
What is TPS and why does it end now?
The Temporary Protection Statute (TPS) is a humanitarian measure that protects migrants from countries with political crises or natural disasters from deportation, allowing them to reside and work legally in the United States.
Venezuela was included in the program in 2021, under the Joe Biden administration, considering that the country was in chaos and was incapable of protecting its own citizens. However, the United States Supreme Court ended TPS for Venezuelans, after a ruling that favored the request of Donald Trump’s administration. Homeland Security Secretary Kristi Noem argued that conditions in Venezuela “no longer justify” maintaining protection and that its extension “is contrary to the national interest.”
How many Venezuelans are affected?
According to data from organizations defending the rights of migrants and the Citizenship and Immigration Service, the change affects some 600,000 Venezuelans, the majority of them arriving in the US between 2015 and 2022.
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- Some 350,000 lost their protection weeks ago.
- Another 250,000, 2021 TPS beneficiaries, will lose their benefit this November 7 at 11:59 pm
- It is estimated that only about 5,000 will retain their work permit until October 2026.
Organizations claim that the measure is the “largest instant illegalization of immigrants in US history.”
*Read also: End of TPS: Venezuelans remain at risk, but can apply for other legal options
What does it mean to run out of TPS?
From the moment the TPS expires, Venezuelans who do not have another active immigration application They will remain completely undocumented. This measure implies:
- Loss of work permit, driver’s license and other associated benefits.
- Risk of immediate detention and deportation.
- Accumulation of illegal stay, which in the future may block immigration procedures.
- Loss of health insurance and student scholarships.
Cases documented by activists report that Venezuelans will lose their jobs, homes and medical treatments. NGOs have recorded cases of people who, for fear of being detained, have self-deported.
What legal options are left for Venezuelans?
Immigration lawyers and organizations defending the rights of migrants recommend seeking immediate legal advice, even free, to evaluate the alternatives for each case. Among the main options:
- Request political asylum: This option is possible for those who fear persecution or have fled the government of Nicolás Maduro. They explain that the end of TPS can be considered a “change of circumstances”, which reopens the period to request it.
- Visa for national interest (EB2): for qualified professionals or with significant contributions in their area.
- U or T visa: for victims of human trafficking crimes.
- Family request: for parents of US citizens over 21 years of age.
Experts warn citizens that staying more than 180 days without status can generate immigration penalties that can prevent them from re-entering the United States for several years.
What will happen now with litigation?
Despite the Court’s decision to end TPS, the case is not closed; the decision suspended the effects of a previous ruling by Judge Edward Chen, who had restored TPS because he considered that eliminating it would cause “irreparable harm” to hundreds of thousands of people.
However, the process continues in California’s Ninth Circuit Court of Appeals, but could take months or years. Meanwhile, Venezuelans are left in legal limbo and without protection.
Activist Kelvi Zambrano, from Migration in Action, warns that the current policy “generates a great lack of protection” and affirms that it reflects a contradiction: “On the one hand, Venezuela is denounced as a dictatorship; On the other hand, the victims who fled from it are punished.
Where to look for help?
Several organizations offer free or low-cost counseling:
- Migration in Action (legal advice and list of pro bono lawyers).
- Venezuelan American Caucus (community and legal support).
- RAICES (general immigration assistance).
- There are many other organizations that offer support
Experts insist that TPS beneficiaries must act without delay: they must begin their legal processes from November 8, to avoid serious consequences.
*Journalism in Venezuela is carried out in a hostile environment for the press with dozens of legal instruments in place to punish the word, especially the laws “against hate”, “against fascism” and “against the blockade.” This content was written taking into consideration the threats and limits that, consequently, have been imposed on the dissemination of information from within the country.
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