A federal judge struck down the termination of Venezuela’s 2021 Temporary Protected Status (TPS) by the Department of Homeland Security (DHS). The judge argued the DHS unlawfully ended the TPS designation without the required inter-agency consultation. In addition the judge found that the DHS’ decision wasn’t informed by a thorough review of the conditions in Venezuela. Haiti’s TPS designation is also back on.

Venezuela’s TPS designation was first issued in 2021 and later extended until October 2026. A second TPS designation was issued in 2023. The government previously terminated both the 2021 extension and the 2023 designation. Termination of the 2021 TPS designation requires all individuals residing the U.S. under the program are subject to detainment and removal, unless a separate legal basis is available to them.

TPS is a legal designation granted to countries whose conditions present an immediate danger to the lives of its residents. Those who enter the U.S. under a TPS designation are protected from removal or detainment until the program expires. It’s estimated that there are currently six hundred thousand individuals currently residing in the U.S. that arrived under Venezuela’s TPS designation.

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