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U.S. Terminates Temporary Protected Status for Venezuelans Amidst Divergent Assessments of Country Conditions

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The Trump administration has finalized plans to terminate Temporary Protected Status (TPS) for Venezuelan nationals, a decision expected to affect hundreds of thousands of individuals. U.S. Homeland Security Secretary Kristi Noem cited improved conditions in Venezuela and the U.S. national interest as reasons for the termination. However, the move has prompted calls for reinstatement from local officials and starkly contrasts with assessments from other U.S. agencies and international bodies regarding the safety and stability within Venezuela.

Termination of Temporary Protected Status

The administration's decision, which follows prior actions affecting Venezuelan TPS holders, is set to become effective in early 2025. Secretary Noem stated that she had terminated the 2021 designation of TPS for Venezuela, which was established during the Biden administration, approximately four months prior. This action impacted an estimated 250,000 Venezuelans, building on a previous order that stripped temporary protected status from approximately 350,000 individuals. Other reports indicated figures ranging from over 500,000 to over 600,000 Venezuelans affected by the overall termination of TPS.

The termination process advanced after the U.S. Supreme Court, in May, allowed the Trump administration to temporarily proceed with ending legal protections for an estimated 350,000 Venezuelans under TPS. Subsequently, in October, the high court granted the administration's request to halt a lower court order that had blocked the termination of these protections.

Temporary Protected Status offers protection against deportation and provides work permits to foreign nationals from countries experiencing armed conflict, natural disasters, or other extraordinary conditions.

Administration's Justification and Broader Policy

Secretary Noem, in Sunday interviews, defended the administration's decision, stating it was made in collaboration with the State Department and the White House. She asserted that "Venezuela today is more free than it was yesterday" and that the termination was deemed "contrary to the US national interest." Noem emphasized the importance of ensuring that U.S. programs are effective and comply with existing laws. She also noted that individuals previously under TPS have the option to apply for refugee status.

Assistant Secretary of DHS, Tricia McLaughlin, also stated that Venezuelans under TPS could return "with hope for their country," anticipating "peace, prosperity and stability." A Department of Homeland Security spokesperson previously indicated that Venezuela's "substantial role in driving irregular migration" to the U.S. had "directly" undermined the administration's immigration policies. A social media post from DHS stated, "Secretary Noem ended Temporary Protected Status for more than 500,000 Venezuelans and now they can go home to a country that they love."

Regarding broader U.S. objectives in Venezuela, Secretary Noem stated that the United States seeks a Venezuelan leader who would collaborate on preventing drug trafficking and the entry of individuals identified as terrorists into the U.S. Noem also relayed a message from Donald Trump to Delcy Rodriguez, stating, "you can lead or you can get out of the way, because we’re not going to allow you to continue to subvert American influence and our need to have a free country like Venezuela to work with rather than to have dictators in place who perpetuate crimes and drug trafficking."

Calls for Reinstatement and Contrasting Assessments of Venezuela

The termination has drawn opposition and concerns regarding the safety of returning Venezuelans. Miami's Democratic Mayor Eileen Higgins urged the Trump administration to immediately reinstate TPS for Venezuelan immigrants. Higgins characterized the revocation as "reckless, dangerous, and wrong," stating that ongoing instability in Venezuela suggests the country remains unsafe for returnees. She added that no one should be compelled to return to "chaos and uncertainty," noting that many Venezuelans have built lives and contributed to communities in the U.S. Miami hosts a substantial Venezuelan expatriate population, and Florida is home to more than half of the Venezuelan TPS holders in the U.S.

In contrast to the DHS's assessment of improving conditions, the U.S. Department of State has issued an advisory recommending U.S. citizens not to travel to Venezuela. This advisory cites "severe risks to Americans, including wrongful detention, torture in detention, terrorism, kidnapping, arbitrary enforcement of local laws, crime, civil unrest, and poor health infrastructure."

Reports from Venezuela's National Union of Press Workers indicate that at least 14 journalists, primarily from international news organizations, were recently detained. There are also reports of armed groups operating to suppress opposition to President Nicolás Maduro.

Venezuelan individuals who had TPS expressed concerns about returning. Sebastian, a 28-year-old architect, perceived the situation in Venezuela as challenging. Luis Falcón, who reported fleeing persecution related to his opposition to the Venezuelan government, stated that returning would entail risks such as detention, torture, and potential death, advocating for the continuation of TPS until a governmental transition occurs.

Legal and Humanitarian Context

Immigration attorneys, including Lily Axelrod, clarified that applying for refugee status typically requires an individual to be outside the U.S. She noted that Venezuelans in the U.S. could pursue asylum, though the Trump administration had paused asylum decisions in November. Many Venezuelans affected by the TPS termination are currently involved in legal proceedings to maintain their residency in the U.S.

The United Nations Refugee Agency (UNHCR) reports that at least 7.9 million people have fled Venezuela's humanitarian crisis.