Impending Loss of TPS Poses Threat to Venezuelans in the U.S.

Approximately 350,000 Venezuelans are set to lose their Temporary Protected Status (TPS) on April 2, with deportation risks looming. The Department of Homeland Security will decide on another TPS designation for 257,000 Venezuelans in September. Current legal status options vary significantly among individuals based on personal immigration circumstances.

In a few weeks, approximately 350,000 Venezuelans will lose their Temporary Protected Status (TPS) due to the federal government’s termination of the 2023 TPS designation, effective April 2. After this deadline, those without an active immigration claim may face deportation. The immigration landscape varies significantly among individuals based on their entry method, visa status, and involvement in deportation proceedings, particularly for those who entered via the U.S.-Mexico border where options are limited.

In July, a critical decision by Homeland Security Secretary Kristi Noem will determine the fate of another TPS designation established in 2021 that protects about 257,000 Venezuelans set to expire in September. The current termination signals a potential non-extension of this status, leaving many vulnerable to deportation risks.

Temporary Protected Status is a federal program providing deportation protection and work permits to individuals from countries in crisis, including Venezuela. The program’s eligibility criteria include being present in the U.S. before a specified cutoff date announced by Homeland Security, which can vary with each designation.

The TPS for Venezuelans was granted in light of the country’s severe humanitarian crisis under Nicolás Maduro, characterized by economic collapse and shortages of essentials. Approximately 900,000 Venezuelans currently reside in the U.S., with around 600,000 approved for TPS, making them the largest TPS community in the nation.

The Trump administration’s decision to terminate TPS stems from claims of improvement in Venezuela’s conditions, despite ongoing crises. Nonetheless, only about 350,000 out of the total TPS holders will be impacted by the April deadline, as those granted TPS in 2021 will maintain their protection until 2025.

Each beneficiary’s situation is unique regarding deportation risks. For example, individuals who entered through humanitarian parole while in the U.S. for less than two years may face expedited removal. Legal status options, such as asylum or a work visa, remain available depending on individual circumstances.

Humanitarian parole allows temporary status for individuals facing urgent crises, though its future is uncertain following the previous program cessation by the Trump administration. Venezuelans primarily rely on TPS for legal status and may explore additional protections based on their specific immigration histories.

Couples with U.S. citizen spouses may qualify for residency through family-based immigration, but this requires an adjustment-of-status application to secure protection from deportation. Immigration advocates are challenging the TPS termination in court, arguing procedural bypasses led to unjust deportation threats.

Court outcomes may temporarily extend TPS protections pending appeals; however, such rulings do not guarantee permanent solutions. Individuals with work permits dependent solely on TPS may face expiration alongside TPS unless legal interventions occur.

Previous TPS terminations during the Trump administration faced significant legal challenges, leading to extended protections through court rulings. Asylum seekers could face denials based on purported improvements in Venezuela, highlighting the complexities under current administration assessments.

Several Venezuelans have reportedly been sent to Guantanamo, specifically linked to criminal affiliations, raising legal and constitutional concerns around due process. Overall, the status and future of Venezuelan TPS holders remain in a precarious state, heavily influenced by judicial outcomes and administrative decisions.

The impending loss of Temporary Protected Status (TPS) for nearly 350,000 Venezuelans by April 2 poses significant deportation risks. Various pathways exist for individuals to seek alternative immigration relief, though many are contingent upon their immigration history and circumstances. Ongoing legal challenges may influence these outcomes, but uncertainty looms large as the current administration reassesses conditions in Venezuela and the implications for TPS holders. Legal battles and case-by-case evaluations will be crucial in determining the future of these individuals in the U.S.

Original Source: www.miamiherald.com