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Legal Battles Against the Termination of TPS for Venezuelans

Martha Arias EVTV interview

The recent decision by the Trump administration to end Temporary Protected Status (TPS) for Venezuelans in the United States has sparked widespread concern and legal action. This policy change is set to impact approximately 600,000 individuals, many of whom have built their lives in the U.S. under the protections granted by TPS.

The End of TPS for Venezuelans: What’s Happening?

On February 3, 2025, Secretary of Homeland Security Kristi Noem announced that TPS for Venezuelans would be revoked, with protections set to expire on April 7, 2025. This means that Venezuelan nationals who have relied on this status for legal work authorization and relief from deportation will soon be left without those protections. Another 250,000 individuals could face similar consequences in September 2025.

The administration justified this decision by citing alleged improvements in Venezuela’s economy, public health, and crime levels. However, many organizations and advocates strongly disagree, emphasizing that conditions in Venezuela remain unstable and unsafe for returnees.

Legal Challenges to the Termination

In response to the revocation of TPS, two significant lawsuits have been filed:

National TPS Alliance Lawsuit – Filed in San Francisco, this case challenges the administration’s authority to revoke an existing TPS designation and argues that the decision was unlawfully motivated.

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CASA and Make the Road New York Lawsuit – Filed in Maryland, this lawsuit contends that the termination violates constitutional protections by placing Venezuelan TPS holders at risk of deportation despite ongoing humanitarian concerns in Venezuela.

(Source)

These lawsuits argue that the policy change is not only unlawful but also unjust, as it forces thousands of individuals into legal uncertainty and potential deportation to a country still struggling with political and economic instability.

Broader Implications for Immigrant Communities

The termination of TPS for Venezuelans follows a broader trend of rolling back protections for immigrant communities. Recently, the administration also announced plans to revoke TPS for over 520,000 Haitian nationals, a move that could leave many vulnerable to deportation. (Source)

These policy changes highlight the urgent need for affected individuals to seek legal guidance and stay informed about their rights and options.

What Venezuelan TPS Holders Can Do Now

For those impacted by the termination of TPS, it is crucial to explore legal options as soon as possible. Some individuals may qualify for asylum or other forms of relief. Organizations such as the National TPS Alliance, CASA, and Make the Road New York are actively providing legal assistance and advocacy for those affected.

As these lawsuits progress, the outcome will determine whether Venezuelans currently protected by TPS will be able to remain in the U.S. or face an uncertain future. Staying informed and seeking professional legal counsel will be essential in navigating these challenges.

TPS Termination and Immigration Policy Changes

Recent changes in U.S. immigration policies have caused significant uncertainty for many individuals, particularly Venezuelans with Temporary Protected Status (TPS) and those who entered under humanitarian parole programs. I want to take a moment to clarify the current situation and provide guidance on what steps affected individuals should take.

On February 1, 2025, the Department of Homeland Security (DHS), under Secretary Kristi Noem, announced the termination of the 2023 TPS designation for Venezuela. This means that individuals who were granted TPS under the 2023 designation will lose their status on April 7, 2025.

However, those who obtained TPS under the 2021 designation will remain protected until September 10, 2025. It is important for individuals to check which TPS designation they fall under to understand how they are impacted.

My Advice for Those Affected by TPS Termination

The most important step right now is to seek legal guidance from an experienced immigration attorney. Make sure you are consulting a licensed attorney in the U.S. who actively practices immigration law. Do not rely on just one opinion—speak to multiple attorneys to fully understand your options.

Not everyone will qualify for relief, and it is essential to avoid scams or legal filings that are not viable. I have seen cases where there is a legal path forward, but I have also had to tell some clients that, unfortunately, they do not qualify for another immigration benefit. Before investing money in an unnecessary legal process, it is crucial to know whether a real solution exists.

Suspension of Immigration Applications for Humanitarian Parole Beneficiaries

Another significant policy change involves individuals who entered the U.S. under specific humanitarian parole programs. The U.S. government has paused the processing of immigration benefit applications for those who were paroled into the country under programs such as:

  • Uniting for Ukraine (U4U)
  • Processes for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV)
  • Family Reunification Parole (FRP) programs

This means that while individuals who were already granted parole can remain in the U.S. under their current status, their applications for adjustment of status or other immigration benefits are on hold. The government has cited national security and fraud prevention measures as reasons for this pause.

What Should Individuals Under Parole Do Now?

If you were already granted parole, your status remains valid. However, if you were waiting for an invitation to apply for parole, that process is currently on hold.

For those who already received parole and have pending applications for other immigration benefits, it is critical to contact the U.S. Consulate or the National Visa Center to check the status of your case. The best course of action is to stay informed and consult with an immigration attorney to explore possible legal options.

Final Thoughts

I strongly recommend that anyone impacted by these changes take immediate action:

  • Consult a licensed immigration attorney who specializes in U.S. immigration law to assess your specific situation.
  • Stay updated on official announcements from USCIS and DHS, as these policies may continue to change.
  • Be cautious of misinformation and fraudulent legal services, especially those that promise quick fixes.

These policy shifts are creating uncertainty, but with the right legal guidance, you can take informed steps to protect your future.

About Martha Arias

Immigration Attorney, Martha Liliana Arias, Esq. is the founder and sole owner of Arias Villa Law, a full-service immigration law firm located in Miami, FL. Martha has been exclusively and successfully practicing U.S. immigration law for almost two decades; she has relevant experience with removal defense cases, USCIS and NVC cases, and business visas, particularly EB-5 investor visas.

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