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Vacatur of 2025 Temporary Protected Status Decision for Venezuela

There are currently two “active” TPS designations for Venezuela: For 2023 and 2021.

The U.S. Department of Homeland Security Secretary is vacating the decisions announced in the January 17, 2025 notice titled Extension of the 2023 Designation of Venezuela for TPS. In doing so, the Secretary is vacating the (1) extension of the Venezuela 2023 TPS designation, (2) the consolidation of filing processes for both designations, which, in effect, resulted in the extension of the 2021 TPS designation, and (3) the EADs that were extended. As a result, the Venezuela 2023 TPS designation and the Venezuela 2021 TPS designation remain in effect and their associated statutory deadlines remain in effect. I.e.,

  • 2021 TPS holders: Remain in status until the expiration date of September 10, 2025, with an announcement regarding extension or termination to be made by the Secretary by 12 July 2025.
  • 2023 TPS holders: Remain in status until the expiration of April 2, 2025, with an announcement regarding extension or termination to be made by the Secretary by 1 February 2025.

Please also note that if the Secretary does not make a timely determination (for example, if the Secretary were not to make determination by February 1, 2025 whether to extend or terminate the 2023 Venezuela TPS designation or by 12 July 2025 for the 2021 Venezuela TPS designation), then the statute provides for an automatic extension of the designation for an additional period of 6 months.

For those who have already filed under the 17 January 2025 extension notice please refer to pages 7 and 8 of the signed memorandum for further information about the implications of your filing.

For further details generally, please refer to the signed memorandum