The recent decision of the Trump administration on Temporary Protected Status (TPS) for Venezuelans in the United States has generated a wave of uncertainty and concern among the immigrant community.
“After reviewing the conditions of the country and consulting with the corresponding US government agencies, Secretary of Homeland Security Kristi Noem determined that conditions in Venezuela no longer support the designation for Temporary Protected Status (TPS) in 2023,” announced the Department of Homeland Security (DHS).
The National TPS Alliance, an advocacy organization for TPS beneficiaries, rejected the official argument and declared itself ready to challenge the decision in US courts.
“An attack on one is an attack on all. While there has been talk of division among immigrants based on their national origin, whether from Venezuela, Mexico, El Salvador, Haiti or elsewhere, the simple truth is that the Trump administration seeks to expel us all, along with our children and future generations,” he said.
Some countries that have been designated at different times include El Salvador, Honduras, Nicaragua, Venezuela, Haiti, Ukraine, Nepal and Sudan, among others.
Their beneficiaries are required to be citizens of a country designated with TPS, to have been present in the US since a specific date established by the government, to have no serious criminal record and to apply within the registration period.
That is, by definition, TPS beneficiaries should not fall into the Trump administration’s detention and deportation priorities. Not only did they comply with the legal requirements, but they do not have a criminal record.
Although the Trump administration has sought to link TPS beneficiaries to the Venezuelan criminal group Tren de Aragua, there is no evidence that the overwhelming majority of those who obtained TPS protections are criminals.
The Biden administration had recognized the gravity of the situation in Venezuela, granting and extending TPS for its citizens exiled in the United States.
However, Secretary Kristi Noem’s decision suggests that the Trump administration’s logic is that conditions in Venezuela have improved enough to justify terminating this protection, an interpretation rejected by human rights organizations.
The decision to leave hundreds of thousands of Venezuelans behind comes amid discussions between the Trump administration and the government of Nicolás Maduro. These talks included the release of US citizens detained in Venezuela and Caracas’ acceptance of deportee flights.
Activists agree that solutions that balance national security concerns with the protection of human rights and the United States’ international obligations must be considered. The country’s courts will have the final say.
