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Last week, we posted about the Biden administration’s January 17 extension of Temporary Protected Status (TPS) for El Salvador, Venezuela, Ukraine, and Sudan. On January 28, new Secretary of Homeland Security Kristi Noem vacated the notice extending the TPS designation for Venezuela, Vacatur of 2025 Temporary Protected Status Decision for Venezuela. As of this writing, the extensions for El Salvador, Sudan, and Ukraine remain in effect. As a result of Secretary Noem’s order, the expiration dates for TPS for Venezuela will revert to the pre-January 17 expiration dates.
There were two Venezuela TPS designations.
- A March 9, 2021 designation that expires on September 10, 2025. The Department of Homeland Security (DHS) must decide by July 12, 2025 whether to extend the designation.
- An October 3, 2023 designation that expires on April 2, 2025. The DHS must decide by February 1, 2025 whether to extend the designation.
The TPS expiration dates revert back to September 10 and April 2.
By February 1, DHS must decide whether to re-designate TPS under the designation expiring on April 2. If DHS fails to make a decision by February 1, to extend or terminate the designation, the designation will automatically extend for six months.
We will provide an update next week.