White House Ends Biden-Era TPS Extension for Venezuelans

venezuela-162459_1280The Department of Homeland Security (DHS) has revoked an extension of Temporary Protected Status (TPS) previously granted to Venezuelans by President Biden, leaving more than 600,000 Venezuelans who are already in the United States in legal limbo. The extension would have provided benefits to Venezuelans through October 2, 2026.

As a result, the 2023 designation for Venezuela TPS and any associated TPS-related protection and documentation for beneficiaries will last through at least April 2, 2025.

Those who are registered under the 2021 Venezuela TPS designation will have TPS protection through at least September 10, 2025.

Venezuelans have long been targeted by the Trump administration due to organized crime from violent Venezuelan gangs such as the Tren de Aragua.

Therefore, it comes as no surprise that President Trump has called to dismantle TPS extensions for Venezuelan nationals.

What this means


According to a notice which is set to be published in the Federal Register on February 3, 2025, Venezuela’s 2021 and 2023 designations for Temporary Protected Status (TPS) will revert to their prior expiration dates as follows:

  • 2023 Venezuela TPS Designation: TPS is valid for current beneficiaries through April 2, 2025. DHS will need to determine whether to extend Venezuela’s 2023 designation by the deadline of Saturday, February 1, 2025. If DHS terminates Venezuela’s designation, the termination cannot take effect until 60 days after the termination notice is published in the Federal Register (no earlier than April 2nd)
  • 2021 Venezuela TPS Designation: TPS will remain valid for current beneficiaries through September 10, 2025. A decision on whether to extend this designation must be made by DHS by July 12, 2025. If DHS terminates Venezuela’s designation, the termination cannot take effect until 60 days after the termination notice is published in the Federal Register (no earlier than September 10th).

According to DHS, if any 2021 Venezuela TPS registrants chose to register under the 2023 designation, DHS will restore their 2021 designation, and they will be subject to the 2021 designation validity dates.

If DHS does not make a decision on whether to extend the above designations by the required dates, an automatic six-month extension will apply. It is likely that DHS will terminate these designations. If this occurs, TPS protection and associated work authorization will expire on the dates indicated above.

TPS Applications Submitted under the Now Vacated Extension


Prior to being vacated, Venezuelans were allowed to apply for re-registration, and such beneficiaries were expected to be issued TPS-related documentation valid through October 2, 2026.

Now that the extension has been vacated, USCIS will immediately cease processing these applications and refund any related fees to applicants.

Any Venezuela TPS employment authorization documents (EADs), approval notices, or other TPS-related documents that have been issued with October 2, 2026, expiration dates are invalidated. As a practical matter, it is unlikely that USCIS had the opportunity to adjudicate such applications since the application filing period opened January 17th.

Additionally, the previously announced automatic extension of Venezuelan TPS employment authorization documents to April 2, 2026, has been rescinded, returning EADs to their previously applicable validity period.

How to Prepare


DHS’s rescission of the TPS extension means that TPS beneficiaries who submitted or who had planned to submit a timely application to re-register will no longer benefit from the extension and will instead be subject to the above TPS expiration and possible termination timeframes.

If you have been impacted by this rescission, contact an immigration attorney as soon as possible to evaluate alternative legal pathways to remain in the United States and apply for employment authorization.

It is possible that this rescission will be challenged in federal court based on previous TPS-related litigation during Trump’s first term in office.

For more information, please contact our office.


Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.


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