Venezuelan TPS - What Does TPS Mean for Venezuelans in the U.S._ Benefits, Eligibility, and Work Permits - Albizu Law

Great News for Venezuelans in the U.S.

The United States has responded to the demands of cities strained by the arrival of Venezuelan immigrants by offering nearly half a million of them the opportunity to obtain legal status and work permits. The Biden administration approved this long-pending request, providing a solution to the growing pressure on cities receiving asylum seekers.

The Department of Homeland Security expanded and redesigned the Temporary Protected Status (TPS) program for Venezuelan migrants, allowing recent arrivals to apply for protection from deportation and obtain work permits. This measure was initially reported by CBS News.

Until now, only Venezuelans who arrived in the United States before March 2021 were eligible for TPS, a program created by Congress in 1990 to provide temporary refuge to migrants from countries experiencing humanitarian crises, such as armed conflicts or natural disasters.

With this restructuring of the TPS program for Venezuela, eligibility is being expanded to a record number of Venezuelans who have arrived in the United States over the past two years. Approximately 472,000 additional Venezuelans are expected to qualify for TPS, in addition to the 242,000 migrants who had already obtained this status, according to DHS data. Venezuelans who arrived after the end of July will not be eligible for TPS.

Secretary of Homeland Security Alejandro Mayorkas explained that TPS provides protection from deportation to people who are already in the United States when conditions in their home country make returning unsafe. This applies to Venezuelans who arrived before July 31 of this year.

Although other people without legal status may also qualify for TPS, the announcement primarily benefits the more than 400,000 Venezuelan migrants who have arrived at the U.S. southern border over the past two and a half years as part of a mass exodus from South America.

In recent years, more than seven million Venezuelans have fled the economic crisis and authoritarian governments, creating the largest refugee crisis in the Western Hemisphere. Most have resettled in South American countries such as Colombia.

However, an increasing number have sought economic opportunities in the United States, undertaking a difficult journey that includes crossing the historically impenetrable Darién Gap in Panama on foot.

The announcement represents a victory for congressional Democrats and leaders of major cities such as New York, who have been pressuring the federal government to grant legal status to immigrants in their communities, allowing them to work legally and reducing their dependence on local services.

The Biden administration has used TPS on an unprecedented scale, making a record number of migrants from countries other than Venezuela eligible, including Afghanistan, Cameroon, Ethiopia, Haiti, Myanmar, Sudan, and Ukraine.

Additionally, the administration has maintained longstanding TPS programs for El Salvador, Honduras, Nicaragua, and Nepal, reversing previous efforts by the Trump administration to terminate them.

Although Republicans have long criticized TPS, arguing that it has been misused to grant legal status to immigrants who entered the United States illegally, the Biden administration has at times resisted expanding TPS programs due to concerns that doing so could encourage increased illegal migration.

When asked whether expanding TPS could encourage illegal migration, administration officials pointed out that the July 2023 cutoff date would make it clear that people arriving after that date would not be eligible. The goal is to discourage Venezuelan immigrants from entering the United States illegally.

Illegal crossings at the southern border have reached record levels under the Biden administration. Although crossings declined in June, they increased significantly in July and August, testing the administration’s strategy for curbing migration to the United States.

The administration also announced additional measures to address concerns from New York and other cities receiving immigrants. The review of work permit applications for individuals who enter through border ports using a phone application will be expedited. A program will also be implemented for Cubans, Haitians, Nicaraguans, and Venezuelans with U.S. sponsors, with the goal of processing these applications within 30 days instead of the current 90 days.

Additionally, the validity period of work permits will be extended from two to five years for many immigrants, including asylum applicants, refugees, and green card applicants, reducing the need for frequent renewals.

Share this news with anyone who may benefit from this opportunity, or schedule a consultation to discuss your case by calling 512-861-5638! Together, we can spread this important news and help those seeking legal status and work permits in the United States. Your support can make a difference in the lives of many people. Don’t hesitate to share or call today!

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