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2.0

DHS Secretary vacates extension of—and then terminates—2023 designation of TPS for Venezuela

  1. Original Date Announced

    January 30, 2025

    Secretary of Homeland Security (DHS) Kristi Noem vacated the January 10, 2025, decision of former DHS Secretary Mayorkas to extend the 2023 TPS designation for Venezuela. Under the vacated extension, eligible Venezuelan TPS beneficiaries who wanted to extend their status through October 2, 2026--whether they initially registered for TPS under the March 9, 2021, TPS designation or the October 3, 2023, designation--would have to re-register from January 17, 2025, through September 10, 2025. The January extension determination also automatically extended the validity of certain Employment Authorization Documents (EADs) issued under the Venezuela TPS designations through April 2, 2026.

    As a result of the vacatur, the 2023 Venezuela designation is once again set to expire on April 2, 2025, and a decision regarding the designation is due by February 1. Individuals from the 2021 and 2023 Venezuelan TPS cohorts who re-registered under the now-vacated extension will receive refunds of any fees paid. The automatic EAD extension is vacated.

    Trump 2.0 [ID #1473]

    2025.02.03 Vacatur of Extension of 2023 Designation of TPS for Venezuela
  2. Effective Date

    February 3, 2025
  3. Subsequent Trump and Court Action(s)

    • February 5, 2025

      Guidance for Venezuelan TPS beneficiaries to complete Form I-9, USCIS

      On February 5, 2025, USCIS posted guidance on its website for Venezuelan TPS beneficiaries regarding Form I-9, Employment Eligibility Verification.

      View Document
    • February 5, 2025

      Termination of Designation of Venezuela for TPS

      DHS issued a notice for public inspection stating that it would terminate the 2023 designation of Temporary Protected Status (TPS) for Venezuela in 60 days from the official publication of the termination notice. The official notice will publish in the Federal Register on February 5, 2025, so TPS under the 2023 designation will expire on April 6, 2025. DHS estimates that nearly 350,000 Venezuelans were eligible for TPS under the terminated designation.

      This change does not apply to Venezuela's 2021 TPS designation or individuals whose status was granted under that designation.

      View Document
    • February 19, 2025

      2.19.2025 Complaint National TPS Alliance v. Noem

      On February 19, 2025, the Center for Immigration Law and Policy at UCLA School of Law and the ACLU of Northern California filed a lawsuit on behalf of the National TPS Alliance and Venezuelan TPS holders challenging the Trump administration's vacatur of the Biden administration's TPS extension and the subsequent termination of Venezuelan TPS.

      The complaint alleges that DHS' actions were illegal because "the TPS statute tightly regulates the conditions under which TPS decisions can be made" and "DHS has no authority to 'vacate' a prior TPS extension" without following the process prescribed by statute. Plaintiffs also claim that even if DHS has authority, the decision to vacate was arbitrary and capricious, violated the Administrative Procedure Act (APA), and was "motivated at least in part by racial animus, in contravention of the Fifth Amendment[.]" National TPS Alliance v. Noem, 25-cv-01766 (N.D. Cal.).

      **Litigation entries are limited to initial complaints and major substantive rulings. For pleadings and additional information, use name and docket number to search  Civil Rights Clearinghouse and CourtListener or visit Just Security Litigation Tracker**

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    • February 20, 2025

      2025.02.20_Complaint - Casa, Inc. v. Noem (D. Maryland)

      On February 20, 2025, CASA, Inc. filed a lawsuit against DHS Secretary Kristi Noem in Maryland District Court, Southern Division, on behalf of its more than 2,000 member who have ties to Venezuela, many of whom are TPS beneficiaries. The complaint alleges that "Secretary Noem’s purported vacatur and termination are invalid" because "DHS lacks authority to 'vacate' a prior TPS extension" and can only terminate a TPS designation by following the procedural requirements and timeframe outlined by statute. Additionally, the complaint agues that Secretary Noem's decision was "motivated at least in part by racial animus" and therefore violates the U.S. Constitution which "forbids the federal government from discriminating against persons because of their race, ethnicity, or national origin." Casa v. Noem, 25-cv-00525 (D. Md.).

      **See litigation note above**

      View Document
    • March 3, 2025

      2025.03.03 Complaint - Haitian-Americans United v. Trump

      Lawyers for Civil Rights filed a lawsuit on behalf of immigration advocacy organizations and individuals to challenge the vacatur of the extension of the 2023 designation of TPS for Venezuelans and the termination of that designation as well as the reduction of duration of Haitian TPS. The lawsuit alleges that the rollbacks are unconstitutional and violate federal law. Haitian-Americans United v. Trump, No. 1:25-cv-10498 (D. Mass).

      **See litigation note above**

      View Document
    • March 12, 2025

      2025.03.12 Reported: Venezuelan couple with TPS charged with illegal entry - LA Times

      The Los Angeles Times reports that "[a] couple from Venezuela were arrested by federal immigration agents this week and charged with misdemeanor illegal entry, more than two years after their arrival at the southern U.S. border." According the husband's father, "[e]veryone in the family . . . has Temporary Protected Status and a pending asylum application."

      View Document

Current Status

None

Original Trump Policy Status

Trump Administration Actions: Agency Directive Program Termination
Subject Matter: TPS
Agencies Affected: DHS

To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com

To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com