In a few weeks, hundreds of thousands of Venezuelans will lose TPS. What you need to know

For nearly 350,000 Venezuelans benefiting from Temporary Protected Status, a federal program the Trump administration has officially ended, the clock is running out. The federal government’s decision to terminate deportation protections under the 2023 TPS designation has set a high-stakes deadline: April 2. After that date, anyone who doesn’t have another active immigration claim in progress could lose their status and face deportation.

The immigration situation is far from one-size-fits-all. Each is unique, shaped by factors such as how the person originally entered the country, whether they overstayed their visa, how long they’ve been in the U.S., and whether they are already involved in a deportation process. For those who entered the country through the U.S.-Mexico border the options to deportation are limited.

In July, Homeland Security Secretary Kristi Noem must decide whether to extend or eliminate another TPS designation for Venezuelans made in 2021. If it’s not extended, that status will end September for another 257,000 Venezuelans, putting them at risk of deportation. While that status has not been officially revoked, the cancellation of the 2023 designation is a sign of what’s likely to come.

Here is a look at some of the key questions and answers about the issue.

What is Temporary Protected Status?

TPS is a federal program that gives temporary deportation protections and work permits to people in the U.S. from countries in turmoil. The secretary of the Department of Homeland Security has the authority to designate a country for TPS. Besides Venezuela, countries that currently also have the status include El Salvador, Ethiopia, Haiti, Nicaragua and Ukraine. To qualify, people must have been in the United States before a certain cutoff date that Homeland Security sets when it announces the designation.

Why were Venezuelans granted TPS?

During the Biden administration, the Department of Homeland Security determined that Venezuela was facing a severe humanitarian crisis, saying the country, under strongman Nicolás Maduro “has been experiencing a political and economic meltdown, with widespread economic contraction, inflation, hyperinflation, high levels of poverty, unemployment, food and medicine shortages, and a severely weakened healthcare system.”

How many Venezuelans have TPS?

There are about 900,000 Venezuelans in the U.S., according to Census data, although some estimates put the number as high as 1.3 million. Of that total, as of December 2024 there were around 600,000 approved beneficiaries of TPS, according to data from the Congressional Research Service. Venezuelans now represent the largest community of TPS holders in the U.S., making up more than half of the total of over 1 million. The second-largest group is Haitians, with 260,790, followed by El Salvador with 174,190, Ukraine with 63,425., and Honduras with 52,585.

Why was TPS for Venezuelans terminated?

The Trump administration opposed an 18-month extension of TPS granted by President Joe Biden days before he left office. The Trump administration argues that the extension conflicted with U.S. national interests. The administration claims there have been improvements in areas like Venezuela’s economy, public health, and crime rates, despite the ongoing crisis in the country.

Will all Venezuelans with TPS lose their status in April?

No, only about 350,000 will be affected, according to Homeland Security numbers. The Biden administration granted TPS to approximately 257,000 Venezuelans in 2021, with that protection lasting through September 2025. The Biden administration later expanded TPS to Venezuelans who were living in the U.S. before July 31, 2023. These individuals are the ones who will lose their protection this April. What will happen to the beneficiaries under the 2021 designation remains to be seen.

Will every Venezuelan with TPS ending in April face deportation?

Not necessarily. Each situation is different. A person who entered through the U.S.-Mexico border and has an active deportation process will face a different situation from someone who entered with a visa, overstayed it, and now has an expiring TPS status.

Julio Cesar Henriquez, an immigration and human-rights attorney in New York, said migrants with TPS who entered under humanitarian parole and have been in the U.S. for less than two years are at particular risk. “These individuals could have their humanitarian parole revoked and face expedited removal,” he said.

What is humanitarian parole?

Humanitarian parole is a temporary status granted to individuals in urgent situations, such as health crises or other emergencies, allowing them to enter or remain in the U.S. without a visa. People under this program, especially those who’ve been here less than two years, are at heightened risk of having their status revoked. This could lead to expedited removal from the U.S. if they no longer qualify for TPS or other protections.

How many Venezuelans were granted humanitarian parole?

117,330 Venezuelans were granted parole, according to federal figures, but that parole program has been indefinitely halted by the Trump administration.

Can a Venezuelan who entered the U.S. on a tourist, student, or work visa and currently maintains legal status only through TPS seek other protection from deportation?

Yes, depending on the case. If they meet certain criteria they could apply for asylum or a work visa, for example.

Is a Venezuelan with TPS who has a pending application to change, or “adjust,” their status at risk of deportation?

Migrants adjusting their status based on a family or employment petition are allowed to stay in the U.S. while their application is pending, even if they lose TPS status. However, if there are issues with the petition or the person does something that disqualifies them, their case could be denied, and they would be at risk of deportation.

How many Venezuelans have another immigration status as well as TPS?

There are no detailed statistics indicating who has TPS plus another status. Homeland Security said in the revocation notice that about 33,000 people fall under another Biden administration program that granted a two-year parole to migrants from Cuba, Nicaragua, Venezuela, and Haiti. The Trump administration has also ended the parole processes for the four countries. Between fiscal years 2021 to 2023, at least 331,000 Venezuelan have applied for asylum, according to Office of Homeland Security Statics from Asylees. Roughly a third of them have opened the cases during deportation proceedings.

Is a Venezuelan married to a U.S. citizen protected from deportation?

A Venezuelan married to a U.S. citizen may be eligible for residency through family-based immigration, one of three main paths for obtaining residency in the U.S. (The other two are employment-based and humanitarian relief.)

But being married to a U.S. citizen doesn’t automatically provide protection. Protection comes through an adjustment-of-status application. If an individual entered the U.S. legally and is married to a U.S. citizen, the spouse can file a petition, allowing the immigrant to apply for an adjustment of status to obtain residency. It’s the adjustment-of-status application, not the marriage itself, that provides protection while waiting for residency.

Is the decision to end TPS being challenged in court?

Yes. Immigration advocates in South Florida, along with other organizations, are challenging the Trump administration’s decision to end TPS, arguing that the move constitutes “political persecution.”

The law requires an administration to assess the risks of returning individuals to their home country before ending TPS, a process that has been part of the TPS program since its inception. According to immigration attorney Henriquez, the Trump administration bypassed this procedure and made a sudden decision without following established steps.

What might happen in court?

Based on previous TPS terminations, courts could issue a temporary halt to ending the program while the cases are pending. This could extend deportation protections for a period of time, but it wouldn’t be a permanent solution. Henriquez and other immigration attorneys warn that the outcome of the cases could take years to unfold.

If a judge rules to maintain protection, does it automatically extend TPS indefinitely?

A court order, called an injunction, could extend TPS protection every six months. This happened when the first Trump administration attempted to end TPS.

What would happen to migrants with expiring TPS who have work permits?

Unless a court steps in, work permits expire at the same time as TPS for Venezuelans migrants who have a work permit only under TPS and not another immigration status. The termination of TPS for Venezuelans is likely to face legal challenges similar to those experienced by Salvadorans, Hondurans, and Sudanese during the first Trump administration. In those cases, the decision was challenged in courts and ultimately overturned in 2024.

During the first Trump administration, people facing TPS termination struggled with legal battles. While court decisions extended TPS, the extensions were granted every six months while the cases were pending. However, the main issue for migrants was that although their work permits were renewed, there was no official notice from the federal government with the new renewal dates. That presented a problem for migrants: Their work permits had been automatically extended, but their paperwork still showed the original expiration date without any renewal notice, Henriquez said.

How can Venezuelans prove they’re still authorized to work in the U.S.?

For Venezuelans whose TPS expires in April 2025, their work permits will also expire in April. However, while a court decision regarding the termination of the TPS program is pending, those work permits will remain valid until the case is resolved. Even if a work permit shows an expiration date such as 2025, it will remain valid until the case is resolved. The problem arises when employers don’t fully understand that expired work permits are automatically extended, which has led to some individuals losing their jobs due to confusion about their status.

Has TPS been terminated before?

Yes. During the first Trump administration, the White House attempted to end TPS for nationals from several countries, including El Salvador, Haiti, Honduras, Nicaragua, Nepal, and Sudan. The terminations faced lengthy court challenges. A federal court case that lasted six years ultimately blocked the Trump administration from ending protected status for over 400,000 people who had lawfully lived in the U.S. for more than 20 years, according to the ACLU.

Can a Venezuelan seeking asylum be denied on the grounds that the Trump administration says conditions in Venezuela have improved?

There is a risk of that happening. The justification about the conditions in a country is based on an annual report from the U.S. State Department. Henriquez said that given the short time the current administration has been in power, “they have not conducted a thorough or serious assessment of the conditions in Venezuela. Therefore, the conclusion that conditions there have improved is problematic, especially when reports from international organizations and the U.S. Department of State consistently show that the situation in Venezuela has not improved, but in fact, worsened.”

Could a Venezuelan be sent to the migrant detention facility in the U.S. Navy base in Guantanamo Bay, Cuba?

According to DHS, several Venezuelans have already been sent to Guantanamo. However, a federal court on Sunday blocked the Trump administration’s attempt to send three Venezuelan immigrants held in New Mexico to Guantanamo. According to the AP, the court granted a temporary restraining order halting the transfer. The court said “the mere uncertainty created by the government regarding access to legal process and counsel” was enough to justify issuing the block.

Why were Venezuelans sent to Guantanamo?

The DHS has said that Venezuelans who are members of the Tren de Aragua criminal gang are being sent to Guantanamo.

Are members of Tren de Aragua TPS holders?

Unlikely. TPS applicants undergo biometric screenings, fingerprinting and background checks before they can get TPS and work permits.

Is it legal to send immigrants to Guantanamo?

Sending individuals from the U.S. to Guantanamo may be a violation of fundamental constitutional rights, including the right to due process, Henriquez said. There have already been challenges in federal court.