The temporary protected status granted to Venezuelans in 2021 under the Biden administration — and extended through 2026 — has endured a tumultuous year amid aggressive efforts by President Donald Trump to end the program. While the Trump administration pushed to terminate the deportation protections for Venezuelans and other nationalities, federal courts have repeatedly upheld the Biden administration’s decisions to maintain the status.

On Sept. 5, federal Judge Edward Chen of San Francisco ruled that it was unlawful for the Trump administration and Homeland Security Secretary Kristi Noem to eliminate TPS from more than half-a-million Venezuelans, effectively reinstating their deportation protections and extending TPS through October 2026.

“The Secretary’s actions in revoking TPS were not only unprecedented in the manner and speed in which they were taken but also violated the law,” the judge wrote.

This ruling underscores the ongoing legal uncertainties facing hundreds of thousands of beneficiaries living in the U.S. and highlighting the critical importance of re-registration, legal challenges and vigilant advocacy as their status remains under threat.

Here are the answers to some of the key questions about the status and what recent legal developments mean.

Question: How does Venezuela’s Temporary Protected Status work?

Answer: Temporary Protected Status provides deportation protections and work permits to over half-a-million Venezuelans. The federal protections are granted to nationals from countries in turmoil who are living in the United States and cannot go back to their home countries because of war, natural disasters or other devastating circumstances.

There are two TPS designations for Venezuela. The Biden administration granted the first one in 2021, and it protects about 252,000 people. The second one was granted in 2023, and it protects about 350,000 people. The Biden administration granted the protections citing a severe humanitarian emergency, a collapse of basic services, political turbulence and economic problems.

Q: Why did the Trump administration decide to end TPS for Venezuela?

A: Venezuela was the first country to have its TPS designation terminated under the current administration. The Department of Homeland Security said the designation went against American national interests despite what conditions in the country were. But it also said that certain conditions, like health care, public safety and the economy had improved enough for a safe return.

That’s despite Trump’s State Department warning Americans and green-card holders to not travel to Venezuela. The department issued a “Do not travel” advisory, raising alarm about the risk of “wrongful detention, torture in detention, terrorism, kidnapping, and arbitrary enforcement of local laws,” as well as poor health infrastructure, civil unrest, and crime.”

In 2021, just one day before leaving office, the Trump administration issued a Memorandum of Deferred Enforced Departure for certain Venezuelans, directing that their removal be deferred for 18 months. The memo cited the “autocratic government of Nicolás Maduro,” stating that it had “consistently violated the sovereign freedoms possessed by the Venezuelan people.” The move acknowledged the severe conditions in Venezuela, despite broader attempts by the second Trump administration to limit humanitarian protections like TPS.

In August, the Trump administration designated the “Cartel of the Suns” — which U.S. prosecutors allege is led by Venezuelan leader Maduro and other high-ranking members of his regime — as a “Specially Designated Global Terrorist” entity.

This designation raises the possibility that the cartel, and potentially Venezuelan government-linked actors, could become direct targets of U.S. military action if the administration chooses to escalate further. In September, several U.S. amphibious warships and destroyers were reportedly deployed near Venezuelan waters as part of an intensified crackdown on transnational drug cartels.

The move marked a sharp escalation in the political confrontation between Washington and Caracas. The developments underscore the growing instability and danger in Venezuela, further highlighting how unsafe it would be for Venezuelans living in the U.S. to return if their deportation protections under TPS were revoked.

Q: What’s happened so far in the litigation about Venezuela’s TPS?

A: After Homeland Security Secretary Kristi Noem announced it would end a Biden-era TPS extension for Venezuelans protected under the 2023 designation in February, the National TPS Alliance and seven Venezuelans with TPS sued the Trump administration.

On March 31, Judge Chen issued a preliminary order blocking the Trump administration’s attempt to revoke deportation protections for about 252,000 Venezuelans, just days before their TPS was set to expire on April 7. Chen ruled that Venezuelan nationals with TPS could suffer “irreparable injury” without a stay preventing their deportations.

In April, a federal appeals court upheld Chen’s stay, rejecting the government’s request to lift the protection. However, on May 19, the Supreme Court ruled in favor of the Trump administration, allowing the termination of TPS to proceed while the legal case continues to be litigated.

The court’s decision did not address the underlying merits of the lawsuit, which contests the Department of Homeland Security’s revocation policy. But it did give the Trump administration the green light to end the program while litigation was pending and left nearly all TPS holders under the 2023 designation without their protections. Only about 5,000 kept their status after another Chen ruling later.

Last month, the appeals court upheld Chen’s March ruling. On Sept. 5, days before the 2021 designation was set to expire, Chen ordered the Trump administration to keep TPS for all Venezuelans through October 2026.

The Trump administration asked Chen to overturn the order, but Chen denied the request.

Q: Why is there litigation if TPS is meant to be temporary?

A: TPS is designed to provide temporary relief to nationals of countries experiencing unsafe conditions for return, lasting only until those conditions improve. However, in many cases, including Venezuela, the unsafe conditions persist for years. The federal government reviews country conditions every 6, 12, or 18 months and can decide whether to renew the protections depending on what’s happening in a certain country.

The ongoing Venezuelan humanitarian crisis continues. Last year’s presidential election, which led to Maduro remaining in power, was widely criticized in the Western Hemisphere for lacking credibility and legitimacy.

Other countries also have years-long designations under TPS.

Honduras and Nicaragua have maintained TPS status for more than 25 years due to prolonged crises like climate disasters. These long-standing TPS designations have also been the subject of litigation under the Trump administration, which sought to terminate or restrict the protections.

Q: How many Venezuelans with TPS are protected under Chen’s most recent ruling?

A: About 605,000 Venezuelan beneficiaries currently hold TPS, regardless of when they initially received their protection, according to the Congressional Research Service.

Venezuelans represent the largest group of TPS holders in the United States, with the majority residing in Florida and Texas. It is important to note that not all TPS recipients have applied for or received work permits under this status, and the exact number with work authorization remains unclear.

Q: How many Venezuelans have work authorization under TPS?

A: There is currently no official breakdown of how many Venezuelan TPS holders have received work authorization specifically through TPS. This is partly because individuals can have multiple immigration processes pending simultaneously —such as asylum claims, adjustment of status, or other forms of relief — which may also grant them work eligibility.

However, according to the Department of Homeland Security, Venezuelans who have been granted work authorization under TPS are authorized to work in the United States through April 2, 2026.

Q: Do Venezuelans have automatic TPS extension?

A: No. Venezuelan TPS holders were required to re-register between Jan. 17 — when the Biden administration extended TPS — and Sept. 10, despite ongoing litigation. Those who failed to re-register during this period lost their deportation protection.

Complicating matters further, on the final day of re-registration, Venezuela was no longer listed as a designated TPS country in the U.S. Citizenship and Immigration Services website, causing confusion and preventing some eligible individuals from completing the process.

In response, the National TPS Alliance filed a legal challenge, and Judge Chen ordered the government to provide additional time for Venezuelans to re-register for TPS, ensuring that those affected by the online omission would not lose their protection.

Q: What documents prove a Venezuelan under TPS can legally work and remain in the U.S.?

A: Several official documents establish that Venezuelans under TPS can legally remain in the United States:

Notice of re-registration from U.S. Citizenship and Immigration Services, confirming continued TPS eligibility.

Homeland Security’s Designation of Temporary Protected Status for Venezuela, including the recent federal ruling on Sept. 5 by Judge Chen.

A Federal Register notice on Jan. 17, 2025, detailing the extension of Venezuela’s TPS designation under the Biden administration, which explains the legal basis for the status and its continuation.

The decision by Judge Chen upholding the extension of TPS protections for Venezuelans granted under the Biden administration.

Together, the documents provide the legal foundation for Venezuelans to work and to remain in the U.S. under TPS protections amid ongoing legal challenges.

Q: Is the Trump administration expected to appeal the most recent ruling?

A: While no appeal has been filed yet, Venezuelan advocates and attorneys anticipate the case could eventually reach the Supreme Court, potentially setting a precedent not only for Venezuelans under TPS but also for other nations receiving similar protections.

Lawyers in South Florida have warned that if the case reaches the Supreme Court again and the nation’s highest court side with the Trump administration, Venezuelans who have only TPS protections and no other immigration processes ongoing could find themselves undocumented and having accrued unlawful time in the United States — leaving them vulnerable to being banned for years from entering the country and making them ineligible for certain visas.

Q: Do Venezuelans living in the U.S. hold another immigration status in addition to TPS?

A: There are no official statistics breaking down how many Venezuelans with TPS also hold another immigration status. However, between fiscal years 2021 and 2023, at least 331,000 Venezuelans applied for asylum, according to data from the Office of Homeland Security Statistics. About one-third of the applications were filed during deportation proceedings, indicating that many Venezuelans in the U.S. are pursuing multiple forms of legal protection simultaneously.

Q: How many Venezuelans live in the U.S.?

A: According to the U.S. Census data, about 900,000 Venezuelans live in the United States, though some estimates put the number closer to 1.3 million. Around 605,000 Venezuelans had been approved for TPS, according to the Congressional Research Service. Venezuelans now make up the largest TPS holder group in the country, representing more than half of the total TPS population, which exceeds 1 million.

Q: What is the economic impact of Venezuelan TPS holders in the U.S.?

A: As the largest TPS migrant group in the country, Venezuelans contribute significantly to the U.S. economy. According to the immigration reform nonprofit FWD.us, Venezuelan TPS holders generate an estimated $11.5 billion annually in economic activity.

©2025 Miami Herald. Visit miamiherald.com. Distributed by Tribune Content Agency, LLC.