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DHS Vacates 2025 Venezuela TPS Decision

  • By: Immigration Attorney Osas Iyamu
  • Published: January 31, 2025
DHS Vacates 2025 Temporary Protected Status (TPS) Decision for Venezuela_11zon

DHS Vacates 2025 Temporary Protected Status (TPS) Decision for Venezuela

The Department of Homeland Security (DHS) has officially vacated the January 10, 2025, decision of former Secretary of Homeland Security Alejandro Mayorkas regarding Temporary Protected Status (TPS) for Venezuela. This significant change immediately reverses the extension of Venezuela’s TPS designation and affects thousands of beneficiaries.

What Led to This Decision?

On January 17, 2025, Secretary Mayorkas issued a notice that:
✅ Extended the 2023 Venezuela TPS designation for 18 months
✅ Allowed a consolidation of filing processes so that all eligible Venezuelan TPS beneficiaries—under both the 2021 and 2023 designations—could apply under the same extended deadline of October 2, 2026
Extended certain Employment Authorization Documents (EADs)

While this move seemed to simplify the TPS process for Venezuelans, DHS determined that Mayorkas’ decision lacked legal and procedural clarity. Consequently, the current Secretary of Homeland Security has vacated the order, immediately nullifying the extensions and modifications made.

What This Means for Venezuelan TPS Holders

1️⃣ The 2021 and 2023 Venezuela TPS designations remain separate and unchanged.

  • The 2023 designation is set to expire on April 2, 2025, with a decision due by February 1, 2025.
  • The 2021 designation expires on September 10, 2025, with a decision due by July 12, 2025.

2️⃣ Re-registration applications and associated fees under the Mayorkas notice will no longer be accepted.

  • USCIS will cease processing applications filed under the vacated decision.
  • Fees paid for TPS applications under the Mayorkas extension will be refunded.

3️⃣ EADs expiring on October 2, 2026, issued under the vacated decision, are now invalid.

  • Automatic EAD extensions provided in the Mayorkas notice are rescinded.
  • USCIS will issue further guidance on TPS status and employment authorization.

Why Was the Decision Vacated?

DHS found that Secretary Mayorkas’ approach to consolidating the two Venezuela TPS designations lacked legal justification and failed to provide clear procedural guidelines. The overlapping designations, filing deadlines, and eligibility criteria confused applicants and legal professionals.

Additionally, the DHS determined that the decision was implemented too quickly without considering its operational impacts. By vacating the decision, DHS seeks to restore legal clarity and ensure that TPS designations follow statutory procedures.

What’s Next?

The DHS has confirmed that Venezuela’s 2021 and 2023 TPS designations remain as originally set. However, their extension or termination decisions will be made on their respective deadlines.

For the official DHS notice, visit:
📄 Venezuela TPS Vacatur Notice (USCIS)Stay informed for further updates from USCIS regarding Venezuelan TPS status, re-registration, and employment authorization. If you have questions about how this affects your TPS status, consult an immigration attorney to discuss your options.

Disclaimer: This blog post is for informational purposes only and should not be construed as legal advice. Always consult with a qualified immigration attorney regarding your specific situation.

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