[Federal Register Volume 90, Number 23 (Wednesday, February 5, 2025)]
[Notices]
[Pages 9040-9044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02294]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2804-25]
Termination of the October 3, 2023 Designation of Venezuela for
Temporary Protected Status
AGENCY: U.S. Citizenship and Immigration Services, U.S. Department of
Homeland Security.
ACTION: Notice.
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SUMMARY: On October 3, 2023, Venezuela was newly designated for
Temporary Protected Status (TPS) based on the determination that there
were extraordinary and temporary conditions in that country that
prevented the safe return of Venezuelan nationals, and that permitting
such Venezuelan nationals to remain temporarily in the United States is
not contrary to the U.S. national interest. The 2023 designation of
Venezuela for TPS is set to expire on April 2, 2025. After reviewing
country
[[Page 9041]]
conditions and considering whether permitting Venezuelan nationals
covered by the 2023 designation is contrary to the national interest of
the United States, in consultation with the appropriate U.S. Government
agencies, the Secretary of Homeland Security has determined that
Venezuela no longer continues to meet the conditions for the 2023
designation. In particular, the Secretary has determined it is contrary
to the national interest to permit the covered Venezuelan nationals to
remain temporarily in the United States. The Secretary therefore is
terminating the 2023 TPS designation of Venezuela. This termination is
effective April 7, 2025. After April 7, 2025, nationals of Venezuela
(and aliens having no nationality who last habitually resided in
Venezuela) who have been granted TPS under the 2023 Venezuela
designation will no longer have TPS. This termination determination
does not apply to the 2021 designation of Venezuela for TPS, which
remains in effect until September 10, 2025, or to individuals who are
registered for TPS under the 2021 designation.
DATES: The October 3, 2023 designation of Venezuela for TPS is
terminated effective at 11:59 p.m., local time, on April 7, 2025.
FOR FURTHER INFORMATION CONTACT: Samantha Deshommes, Chief, Regulatory
Coordination Division, Office of Policy and Strategy, U.S. Citizenship
and Immigration Services, Department of Homeland Security, 800-375-
5283.
SUPPLEMENTARY INFORMATION:
What is Temporary Protected Status (TPS)?
The Immigration and Nationality Act (INA) authorizes the Secretary
of Homeland Security, after consultation with appropriate agencies of
the U.S. Government, to designate a foreign state (or part thereof) for
TPS if the Secretary determines that certain country conditions exist.
INA 244(b)(1), 8 U.S.C. 1254a(b)(1). The determination whether to
designate any foreign state (or part thereof) for TPS is discretionary,
and there is no judicial review of ``any determination of the
[Secretary] with respect to the designation, or termination or
extension of a designation, of a foreign state'' for TPS. INA
244(b)(5)(A), 8 U.S.C. 1254a(b)(5)(A). The Secretary, in the
Secretary's discretion, may then grant TPS to eligible nationals of
that foreign state (or individuals having no nationality who last
habitually resided in the designated foreign state). See INA
244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
At least 60 days before the expiration of a foreign state's TPS
designation or extension, the Secretary, after consultation with
appropriate U.S. Government agencies, must review the conditions in the
foreign state designated for TPS to determine whether they continue to
meet the conditions for the TPS designation. See INA 244(b)(3)(A), 8
U.S.C. 1254a(b)(3)(A). If the Secretary determines that the conditions
in the foreign state continue to meet the specific statutory criteria
for TPS designation, TPS will be extended for an additional period of 6
months or, in the Secretary's discretion, 12 or 18 months. See INA
244(b)(3)(A), (C), 8 U.S.C. 1254a(b)(3)(A), (C). If the Secretary
determines that the foreign state no longer meets the conditions for
TPS designation, the Secretary must terminate the designation. See INA
244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).
TPS is a temporary immigration benefit granted to eligible
nationals of a country designated for TPS under the INA, or to eligible
aliens without nationality who last habitually resided in the
designated country. During the TPS designation period, TPS
beneficiaries are eligible to remain in the United States, may not be
removed, and are authorized to work and obtain an Employment
Authorization Document (EAD) so long as they continue to meet the
requirements of TPS. TPS beneficiaries may also apply for and be
granted travel authorization as a matter of discretion. The granting of
TPS does not result in or lead to lawful permanent resident status or
any other immigration status. To qualify for TPS, beneficiaries must
meet the eligibility standards at INA section 244(c)(2), 8 U.S.C.
1254a(c)(2). When the Secretary terminates a country's TPS designation,
beneficiaries return to the same immigration status or category that
they maintained before TPS, if any (unless that status or category has
since expired or been terminated), or any other lawfully obtained
immigration status or category they received while registered for TPS,
as long as it is still valid on the date TPS terminates.
Designation of Venezuela for TPS
On March 9, 2021, then Secretary of Homeland Security Alejandro
Mayorkas designated Venezuela for TPS based on his determination that
there existed ``extraordinary and temporary conditions'' in Venezuela
that prevented nationals of Venezuela from returning in safety and that
permitting such aliens to remain temporarily in the United States is
not contrary to the U.S. national interest (Venezuela 2021
designation). See Designation of Venezuela for Temporary Protected
Status and Implementation of Employment Authorization for Venezuelans
Covered by Deferred Enforced Departure, 86 FR 13574 (Mar. 9, 2021).
On September 8, 2022, then Secretary Mayorkas extended the
Venezuela 2021 TPS designation for 18 months. See Extension of the
Designation of Venezuela for Temporary Protected Status, 87 FR 55024
(Sept. 8, 2022). On October 3, 2023, Secretary Mayorkas extended the
Venezuela 2021 TPS designation for another 18 months with an expiration
date of September 10, 2025, and separately newly designated Venezuela
for 18 months, a decision the former Secretary called a
``redesignation'' (Venezuela 2023 designation) with an expiration of
April 2, 2025, resulting in two separate and concurrent Venezuela TPS
designations. See Extension and Redesignation of Venezuela for
Temporary Protected Status, 88 FR 68130 (Oct. 3, 2023).
On January 17, 2025, Secretary Mayorkas issued a notice extending
the 2023 designation of Venezuela for TPS for 18 months. The notice was
based on then Secretary Mayorkas's January 10, 2025 determination that
the conditions for the designation continued to be met. See INA
244(b)(3)(A), (C), 8 U.S.C. 1254a(b)(3)(A), (C). In the January 2025
notice, Secretary Mayorkas did not expressly extend or terminate the
2021 Venezuela designation. Instead, the notice allowed for a
consolidation of filing processes such that all eligible Venezuela TPS
beneficiaries (whether under the 2021 or 2023 designations) could
obtain TPS through the same extension date of October 2, 2026. See
Extension of the 2023 Designation of Venezuela for Temporary Protected
Status, 90 FR 5961 (Jan. 17, 2025).
On January 28, 2025, Secretary of Homeland Security Kristi Noem
vacated former Secretary Mayorkas's January 10, 2025 decision,
restoring the status quo that preceded that decision.\1\ Accordingly, a
determination whether to extend the 2023 Venezuela designation was due
by February 1, 2025. The Department of Homeland Security (DHS or
Department) estimates that approximately 348,202 aliens are eligible
for TPS under the 2023 Venezuela designation.
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\1\ See Vacatur of 2025 Temporary Protected Status Decision for
Venezuela, 88 FR 8805 (Feb. 3, 2025).
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Secretary's Authority To Terminate the 2023 Designation of Venezuela
for TPS
At least 60 days before the expiration of a country's TPS
designation or extension, the Secretary, after
[[Page 9042]]
consultation with appropriate Government agencies, must review the
conditions in a foreign state designated for TPS to determine whether
the conditions for the TPS designation continue to be met. See INA
section 244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If the Secretary
determines that the foreign state no longer meets the conditions for
TPS designation, the Secretary must terminate the designation, but such
termination may not take effect earlier than 60 days after the date the
Federal Register notice of termination is published, or if later, the
expiration of the most recent previous extension of the country
designation. See INA section 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B). The
Secretary may determine the appropriate effective date of the
termination and the expiration of any TPS-related documentation, such
as EADs. See id.; see also INA 244(d)(3), 8 U.S.C. 1254a(d)(3)
(providing the Secretary the discretionary ``option'' to allow for a
certain ``orderly transition'' period if she determines it to be
appropriate).
Reasons for the Secretary's Termination of the 2023 TPS Designation for
Venezuela
Consistent with section 244(b)(3)(A) of the INA, 8 U.S.C.
1254a(b)(3)(A), after consulting with appropriate U.S. Government
agencies, DHS reviewed conditions in Venezuela and considered whether
permitting the Venezuelan nationals to remain temporarily in the United
States is contrary to the national interest of the United States.\2\
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\2\ See also E.O. 14159, Protecting the American People Against
Invasion, sec. 16(b), 90 FR 8443, 8446 (Jan. 20, 2025) (directing
that the Secretary should ``ensur[e] that designations of Temporary
Protected Status are consistent with the provisions of section 244
of the INA (8 U.S.C. 1254a), and that such designations are
appropriately limited in scope and made for only so long as may be
necessary to fulfill the textual requirements of that statute'').
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The Department, in consultation with the Department of State, has
reviewed conditions in Venezuela and has considered whether permitting
Venezuelan nationals to remain temporarily in the United States is
contrary to the U.S. national interest. Overall, certain conditions for
the 2023 TPS designation of Venezuela may continue; however, there are
notable improvements in several areas such as the economy, public
health, and crime that allow for these nationals to be safely returned
to their home country.
Based on the Department's review, the Secretary has determined
that, even assuming the relevant conditions in Venezuela remain both
``extraordinary'' and ``temporary,'' termination of the 2023 Venezuela
TPS designation is required because it is contrary to the national
interest to permit the Venezuelan nationals (or aliens having no
nationality who last habitually resided in Venezuela) to remain
temporarily in the United States.\3\
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\3\ See INS v. Bagamasbad, 429 U.S. 24, 25 (1976) (per curiam)
(``As a general rule courts and agencies are not required to make
findings on issues the decision of which is unnecessary to the
results they reach.'').
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In the TPS statute, Congress expressly prohibits the Secretary from
designating a country for TPS or extending a TPS designation if she
finds that ``permitting the aliens to remain temporarily in the United
States is contrary to the national interest of the United States.'' INA
244(b)(1), 8 U.S.C. 1254a(b)(1). Accordingly, as the Department and the
Attorney General have long recognized, such a ``national interest''
assessment is an essential element of a determination whether to extend
or terminate the 2023 Venezuela designation, which was based on
``extraordinary and temporary conditions.'' \4\
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\4\ Cf., e.g., Termination of Designation of Liberia Under
Temporary Protected Status Program After Final 6-Month Extension, 63
FR 15437, 15438 (Mar. 31, 1998) (terminating Liberia TPS designation
after ``consultations with the appropriate agencies of the U.S.
Government concerning (a) the conditions in Liberia; and (b) whether
permitting nationals of Liberia . . . to remain temporarily in the
United States is contrary to the national interest of the United
States'').
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``National interest'' is an expansive standard that may encompass
an array of broad considerations, including foreign policy, public
safety (e.g., potential nexus to criminal gang membership), national
security, migration factors (e.g., pull factors), immigration policy
(e.g., enforcement prerogatives), and economic considerations (e.g.,
adverse effects on U.S. workers, impact on U.S. communities).\5\
Determining whether permitting a class of aliens to remain temporarily
in the United States is contrary to the U.S. national interest
therefore calls upon the Secretary's expertise and discretionary
judgment, informed by her consultations with appropriate U.S.
Government agencies.
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\5\ See, e.g., Poursina v. USCIS, 936 F.3d 868, 874 (9th Cir.
2019) (observing, in an analogous INA context, ``that the `national
interest' standard invokes broader economic and national-security
considerations, and such determinations are firmly committed to the
discretion of the Executive Branch--not to federal courts'' (citing
Trump v. Hawaii, 585 U.S. 667, 684-86 (2018)); Flores v. Garland, 72
F.4th 85, 89-90 (5th Cir. 2023) (same); Brasil v. Sec'y, Dep't of
Homeland Sec., 28 F.4th 1189, 1193 (11th Cir. 2022) (same); cf.
Matter of D-J-, 23 I&N Dec. 572, 579-81 (A.G. 2003) (recognizing
that taking measures to stem and eliminate possible incentives for
potential large-scale migration from a given country is ``sound
immigration policy'' and an ``important national security
interest''); Matter of Dhanasar, 26 I&N Dec. 884, 890-91 (AAO 2016)
(taking into account impact on U.S. workers in ``national interest''
assessments).
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President Trump in his recent, immigration and border-related
executive orders and proclamations clearly articulated an array of
policy imperatives bearing upon the national interest. First, the
President directed the Secretary to terminate, as contrary to the
policy of the United States, the parole program known as the
``Processes for Cubans, Haitians, Nicaraguans, and Venezuelans''
(CHNV). The parole process for Venezuelans had been in effect since
October 19, 2022, allowing hundreds of thousands of inadmissible
Venezuelans to enter the United States at interior ports of entry and
remain in this country, generally for a period of two years, with
employment authorization eligibility.\6\ DHS estimates that 33,600 CHNV
parolees from Venezuela availed themselves of TPS. Venezuelan CHNV
parolees, along with Venezuelan nationals who crossed illegally into
the United States, who had been continuously residing in the United
States since July 31, 2023, and continuously present in the United
States since October 3, 2023, were able to secure TPS and TPS-based
employment authorization under the 2023 Venezuela designation.
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\6\ See Implementation of a Parole Process for Venezuelans, 87
FR 63507 (Oct. 19, 2022); see also Implementation of Changes to the
Parole Process for Venezuelans, 88 FR 1279 (Jan. 9, 2023).
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TPS has allowed a significant population of inadmissible or illegal
aliens without a path to lawful immigration status to settle in the
interior of the United States, and the sheer numbers have resulted in
associated difficulties in local communities where local resources have
been inadequate to meet the demands caused by increased numbers. Among
these Venezuelan nationals who have crossed into the United States are
members of the Venezuelan gang known as Tren de Aragua.\7\ Tren de Agua
has been blamed for sex trafficking, drug smuggling, police shootings,
kidnappings, and the exploitation of migrants. The United States has
sanctioned the gang and placed it on a list of transnational criminal
organizations.\8\ In Executive Order 14157, Designating Cartels and
Other
[[Page 9043]]
Organizations as Foreign Terrorist Organizations and Specially
Designated Global Terrorists, the President determined that Tren de
Aragua's campaign of violence and terror poses threats to the United
States.\9\ The Secretary accordingly has considered these important
immigration and national interests in terminating the Venezuela parole
process.
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\7\ Joshua Goodman, Tren de Aragua gang started in Venezuela's
prisons and now spreads fear in the US, Associated Press, Sept. 24,
2024, available at: https://apnews.com/article/tren-de-aragua-gang-venezuela-us-a12c8fee9dc4a0ca73769ea893e09e53 (last accessed Jan.
28, 2025).
\8\ Joshua Goodman, US sanctions a Venezuela gang for spreading
criminal activity across Latin America, Associated Press, July 11,
2024, available at: https://apnews.com/article/washington-venezuela-gang-sanctions-f742f6966d160ee80b703ed419dfdac3 (last accessed Jan.
30, 2025).
\9\ 90 FR 8439 (Jan. 20, 2025).
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Second, President Trump observed, referring to CHNV and other
policies and processes, that ``[o]ver the last 4 years, the prior
administration invited, administered, and oversaw an unprecedented
flood of illegal immigration into the United States,'' including
millions who crossed U.S. borders or were allowed to fly to a U.S. air
port of entry and allowed to settle in American communities.\10\ The
prolonged presence of these aliens in the United States ``has cost
taxpayers billions of dollars at the Federal, State, and local
levels.'' \11\ For example, over 180,000 illegal aliens have settled in
New York City, approximating that this will cost the city $10.6 billion
through the summer of 2025.\12\ Additionally, although mayors from
cities across the United States are attempting to accommodate
Venezuelan illegal aliens, city shelters, police stations, and aid
services are at a maximum capacity.\13\
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\10\ E.O. 14159, Protecting the American People Against
Invasion, sec. 1, 90 FR 8443, 8443 (Jan. 20, 2025).
\11\ Id.
\12\ The Cost of the Border Crisis, Testimony before the House
Budget Committee of Julie Kirchner the Executive Director,
Federation for American Immigration Reform (May 8, 2024), available
at: https://www.congress.gov/118/meeting/house/117257/witnesses/HHRG-118-BU00-Wstate-KirchnerJ-20240508.pdf (last accessed Jan. 30,
2025).
\13\ Center for Strategic & International Studies, The
Persistence of the Venezuelan Migrant and Refugee Crisis (Nov. 27,
2023), available at: https://www.csis.org/analysis/persistence-venezuelan-migrant-and-refugee-crisis (last accessed Jan. 30, 2025).
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The President underscored that enforcing the immigration laws ``is
critically important to the national security and public safety of the
United States.'' \14\ In furtherance of that objective, the President
directed the Secretary, along with the Attorney General and Secretary
of State, to promptly take all appropriate action, consistent with law,
to rescind policies that led to increased or continued presence of
illegal aliens in the United States.\15\ Among the directed actions are
to ensure that the TPS designations are consistent with the TPS statute
and ``are appropriately limited in scope and made for only so long as
may be necessary to fulfill the textual requirements of that statute.''
\16\ The Department accordingly has reappraised the national interest
factors and given strong consideration to the serious national
security, border enforcement, public safety, immigration policy, and
economic and public welfare concerns engendered by illegal immigration
of Venezuelans, which the President, DHS, and other federal agencies
are seeking to stem through other policy actions.
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\14\ E.O. 14159, Protecting the American People Against
Invasion, sec. 1, 90 FR 8443, 8443 (Jan. 20, 2025).
\15\ Id., sec. 16, 90 FR 8446.
\16\ Id., sec. 16(b), 90 FR 8446.
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Third, President Trump declared a national emergency at the
southern border.\17\ As the Attorney General and DHS have long
understood, the potential ``magnet effect'' of a TPS determination is a
permissible factor under the TPS statute, especially with respect to a
redesignation.\18\ The same is true for Venezuela.\19\ The anticipated
designation or extension for TPS and resulting benefit to access EAD
have been pull factors driving Venezuelan nationals to the United
States.\20\ In October 2023, DHS stated that there were approximately
243,000 Venezuela TPS beneficiaries, while also estimating that
approximately 472,000 additional aliens may be eligible under the
October 3, 2023 designation.\21\ Currently, DHS estimates that 348,202
aliens are registered under the 2023 designation.
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\17\ Proc. 10886, Declaring a National Emergency at the Southern
Border of the United States, 90 FR 8327 (Jan. 20, 2025).
\18\ See Extension of Designation and Redesignation of Liberia
Under Temporary Protected Status Program, 62 FR 16608, 16609 (Apr.
7, 1997) (``One factor in determining whether redesignation is
appropriate is whether it will create a `magnet effect' for
nationals of the country under consideration. In cases where the
Attorney General contemplates redesignation, she may consider this
possible magnet effect and any other factors weighing against
redesignation, together with any discretionary factors in favor of
redesignation.'').
\19\ See, e.g., Center for Strategic & International Studies,
The Persistence of the Venezuelan Migrant and Refugee Crisis (Nov.
27, 2023), available at: https://www.csis.org/analysis/persistence-venezuelan-migrant-and-refugee-crisis (last accessed Jan. 30, 2025).
\20\ See id.
\21\ 88 FR 68134.
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Fourth, as the President directed in Executive Order 14150, ``the
foreign policy of the United States shall champion core American
interests and always put America and American citizens first.'' \22\
Continuing to permit Venezuelans under the 2023 TPS designation to
remain in the United States does not champion core American interests
or put American interests first. U.S. foreign policy interests,
particularly in the Western Hemisphere, are best served and protected
by curtailing policies that facilitate or encourage illegal and
destabilizing migration.\23\
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\22\ America First Policy Directive to the Secretary of State,
90 FR 8337 (Jan. 20, 2025).
\23\ See U.S. Dep't of State, Priorities and Mission of the
Second Trump Administration's Department of State (Jan. 24, 2025),
available at https://pa.usembassy.gov/priorities-and-mission-of-the-second-trump-administrations-department-of-state/.
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In making this finding and determination regarding the national
interest, the Secretary also has taken into account the national-
interest-related factors that were presented to former Secretary
Mayorkas for his consideration for purposes of his now-vacated January
10, 2025 decision. However, especially in view of President Trump's
Executive Orders relating to immigration and after consulting with the
Department of State, the Secretary has reached a different conclusion
and has determined that permitting such Venezuelan nationals (and
aliens with no nationality who last habitually resided in Venezuela) to
remain in the United States is in fact contrary to the national
interest, as is the Secretary's authority and prerogative under the
statute.\24\
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\24\ See Motor Vehicle Mfrs. Ass'n of U.S., Inc. v. State Farm
Mut. Auto. Ins. Co., 463 U.S. 29, 59 (Rehnquist, J., concurring in
part) (``A change in administration brought about by the people
casting their votes is a perfectly reasonable basis for an executive
agency's reappraisal of the costs and benefits of its programs and
regulations. As long as the agency remains within the bounds
established by Congress, it is entitled to assess administrative
records and evaluate priorities in light of the philosophy of the
administration.'').
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Effective Date of Termination of 2023 Designation
The TPS statute provides that the termination of a country's TPS
designation may not be effective earlier than 60 days after the Federal
Register notice is published or, if later, the expiration of the most
recent previous extension. See INA 244(b)(3)(B), 8 U.S.C.
1254a(b)(3)(B). As noted, the expiration date of the 2023 Venezuela
designation is 60 days from the date of publication of this notice.
The Secretary may determine the appropriate effective date of the
termination and the expiration of any TPS-related documentation, such
as EADs, for the purpose of providing for an orderly transition. See
id.; INA 244(d)(3), 8 U.S.C. 1254a(d)(3). Given the Secretary's finding
that continuing to permit such Venezuelan nationals to remain
temporarily in the United States is contrary to the U.S. national
interest, and considering the relative recency of the designation (Oct.
3, 2023), the Secretary has determined that it is not
[[Page 9044]]
appropriate to allow for a further transition period. Accordingly, the
termination of the October 3, 2023 Venezuela TPS designation will be
effective 60 days from the date of publication of this notice.\25\
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\25\ See 8 CFR 244.19 (``Upon the termination of designation of
a foreign state, those nationals afforded temporary Protected Status
shall, upon the sixtieth (60th) day after the date notice of
termination is published in the Federal Register, or on the last day
of the most recent extension of designation by the [Secretary of
Homeland Security], automatically and without further notice or
right of appeal, lose Temporary Protected Status in the United
States. Such termination of a foreign state's designation is not
subject to appeal.'').
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The Secretary has considered putative reliance interests in the
2023 Venezuela TPS designation, especially when considering whether to
allow for an additional transition period akin to that allowed under
certain previous TPS terminations. Temporary Protected Status, as the
name itself makes clear, is an inherently temporary status, TPS
designations are time-limited and must be periodically reviewed, TPS
notices clearly notify aliens of the designations' expiration dates,
and whether to allow for an orderly transition period is left to the
Secretary's unfettered discretion. See INA 244(b)(3), (d)(3); 8 U.S.C.
1254a(b)(3), (d)(3). Any putative reliance interests of registrants
under the Venezuela 2023 designation therefore merit only diminished
weight. Moreover, any such putative reliance interests are outweighed
by the overriding, important national interest considerations described
in this notice.\26\
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\26\ DHS recognizes that certain previous TPS terminations
allowed for an extended transition, especially in the case of TPS
designations that had been extended numerous times over the course
of many years. See, e.g., Termination of the Designation of El
Salvador for Temporary Protected Status, 83 FR 2654 (Jan. 18, 2018)
(nearly 17 years, with 18-month transition period); Termination of
the Designation of Sudan for Temporary Protected Status, 82 FR 47228
(Oct. 11, 2017) (20 years, with 12-month orderly transition period);
Termination of the Designation of Sierra Leone Under the Temporary
Protected Status Program; Extension of Employment Authorization
Documentation, 68 FR 52407 (Sept. 3, 2003) (nearly 6 years, with 6-
month orderly transition period); Six-Month Extension of Temporary
Protected Status Benefits for Orderly Transition Before Termination
of Liberia's Designation for Temporary Protected Status, 81 FR 66059
(Sept. 26, 2016) (nearly 2 years, with 6-month orderly transition
period). Those countries, however, generally had been designated for
TPS for longer periods, and none of those terminations were based on
a determination that allowing the aliens to remain temporarily in
the United States is contrary to the U.S. national interest. At the
same time, certain other TPS designations were terminated without
allowing for an extended transition period. See, e.g., Termination
of Designation of Angola Under the Temporary Protected Status
Program, 68 FR 3896 (Jan. 27, 2003) (nearly 3 years, no orderly
transition period); Termination of Designation of Lebanon Under
Temporary Protected Status Program, 58 FR 7582 (Feb. 8, 1993) (2
years, no extended transition period).
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Venezuelan Nationals Registered Under the 2021 Venezuela Designation
Although unorthodox, the prior Administration issued two separate
designations of Venezuela. See 88 FR 68130 (Oct. 3, 2023); 86 FR 13574
(Mar. 9, 2021). In this notice, DHS is terminating only the October 3,
2023 Venezuela TPS designation. The 2021 Venezuela TPS designation
remains in effect until September 10, 2025.
Notice of Termination of the 2023 TPS Designation of Venezuela
By the authority vested in the Secretary of Homeland Security under
section 244(b)(3) of the INA, 8 U.S.C. 1254a(b)(3), I have reviewed, in
consultation with appropriate agencies of the U.S. Government, (a)
conditions in Venezuela; and (b) whether permitting the nationals of
Venezuela (and aliens having no nationality who last habitually resided
in Venezuela) to remain temporarily in the United States is contrary to
the national interest of the United States. Based on my review, I have
determined that Venezuela no longer continues to meet the conditions
for the October 3, 2023 designation for Temporary Protected Status
(TPS) under section 244(b)(1)(C) of the Act, 8 U.S.C. 1254a(b)(1)(C).
Accordingly, I order as follows:
(1) Pursuant to INA section 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B),
and considering INA section 244(d)(3), 8 U.S.C. 1254a(d)(3), the
October 3, 2023 designation of Venezuela for TPS is terminated
effective at 11:59 p.m., local time, on April 7, 2025.
(2) This notice supersedes the January 17, 2025 notice at 90 FR
5961, the underlying decision for which was vacated on January 28,
2025.
(3) Information concerning the termination of TPS for nationals of
Venezuela (and aliens having no nationality who last habitually resided
in Venezuela) under the October 3, 2023 designation will be available
at local USCIS offices upon publication of this notice and through the
USCIS National Customer Service Center at 1-800-375-5283. This
information will be published on the USCIS website at www.USCIS.gov.
Kristi Noem,
Secretary of Homeland Security.
[FR Doc. 2025-02294 Filed 2-3-25; 12:15 pm]
BILLING CODE 9111-97-P