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Termination of TPS 2023 for Venezuelans: Analysis, Implications, and Alternatives

On February 5, 2025, the U.S. Department of Homeland Security (DHS) officially announced the termination of the Temporary Protected Status (TPS) designation for Venezuelans established in 2023. This decision carries significant implications for hundreds of thousands of Venezuelans in the United States. In this article, we will analyze the details of this announcement, its reasons, impact, and possible alternatives for the affected community.

Chronology of TPS for Venezuela
To fully understand the context, it is essential to review the history of TPS for Venezuela:

Date

Event

March 9, 2021

Initial TPS designation for Venezuela

September 8, 2022

Extension of TPS for 18 months

October 3, 2023

New TPS designation for 18 months (Venezuela 2023)

January 17, 2025

Extension of the 2023 designation (later vacated)

January 28, 2025

Vacatur of the January 2025 extension decision

February 5, 2025

Official notice of termination of TPS 2023

Currently, there are two TPS designations for Venezuela: one from 2021 and another from 2023. The announced termination specifically affects the 2023 designation.

Details of the Termination
Homeland Security Secretary Kristi Noem has issued an official notice outlining the key points:

  • Effective termination date: April 7, 2025, at 11:59 p.m. local time.
  • Scope: This termination only affects the 2023 TPS designation, not the 2021 designation.
  • Impact: After April 7, 2025, Venezuelan nationals (and stateless persons who last resided in Venezuela) who received TPS under the 2023 designation will no longer have this status.

Official Reasons for the Termination
The DHS has provided several reasons for this decision:

  1. National Interest: It has been determined that allowing Venezuelans under the 2023 designation to remain temporarily in the U.S. contradicts national interests.
  2. Improved Conditions: While some conditions justifying TPS for Venezuela may persist, notable improvements have been observed in areas such as the economy, public health, and crime, enabling safe returns.
  3. Migration Policy Concerns: The current administration has expressed concerns about the ā€œpull factorā€ created by TPS designations and their impact on illegal immigration.
  4. National Security: There are concerns regarding the presence of Venezuelan gang members, such as those from “Tren de Aragua,” among TPS beneficiaries.
  5. Economic Impact: The federal, state, and local costs of supporting a significant population of inadmissible or undocumented individuals have been cited.

Impact on the Venezuelan Community
The termination of TPS 2023 will have a substantial effect on the Venezuelan community in the United States:

  1. Loss of Legal Status: Approximately 348,202 Venezuelans will lose their legal status and work authorization after April 7, 2025.
  2. Family Separation: Many Venezuelan families may face the risk of separation if some members lose their legal status.
  3. Economic Uncertainty: The loss of work authorization could lead to financial difficulties for many Venezuelans and their employers.
  4. Pressure on Communities: Cities like New York, which have welcomed a large number of Venezuelans, may face additional challenges in terms of resources and services.
  5. Psychological Impact: Fear of deportation and uncertainty can significantly affect the mental health of the community.

Legal Alternatives and Recommendations
Despite these challenges, there are alternatives and actions that affected individuals can consider:

  1. Verify Eligibility for TPS 2021:
    • Action: Review entry dates and related documentation.
    • Benefit: Individuals registered under the 2021 TPS designation are not affected by this termination and maintain their status until September 10, 2025.
  2. Explore Other Forms of Immigration Relief:
    • Options to consider:
      a) Asylum: For those fearing persecution in Venezuela.
      b) Adjustment of Status: For those eligible for an immigrant visa.
      c) U Visa: For victims of certain crimes who have assisted authorities.
      d) T Visa: For victims of human trafficking.
    • Action: Gather documentation to support your case for each potential option.
  3. Schedule a Consultation with Attorney Jesus Reyes:
    • Steps:
      a) Prepare a detailed summary of your immigration history and current situation.
      b) Collect all relevant documents before the consultation.
    • Benefit: Receive a professional evaluation of your specific legal options.
  4. Prepare for Different Scenarios:
    • Actions: Explore options such as status changes, visa applications, and more.

Conclusion
The termination of TPS 2023 for Venezuela presents significant challenges, but maintaining a balanced and hopeful perspective is essential:

  1. Community Resilience: The Venezuelan community has demonstrated extraordinary adaptability and strength in the past. This collective resilience will be crucial in the coming months.
  2. Opportunities for Growth: Although challenging, this situation may open doors to new opportunities.
  3. Continued Support: Many organizations, attorneys, and communities are committed to supporting Venezuelans through this transition. You are not alone in this process.
  4. Potential Political Changes: Immigration policies are dynamic and can change. Staying informed and actively participating in the community can influence future decisions.

ā€¢ 5. Preparation is Power: Taking proactive steps, such as seeking legal advice and exploring all available options, will help families face any outcome with greater confidence.