[Federal Register Volume 90, Number 171 (Monday, September 8, 2025)]
[Notices]
[Pages 43225-43231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-17087]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2828-25; DHS Docket No. USCIS-2021-0003]
RIN 1615-ZB86
Termination of the 2021 Designation of Venezuela for Temporary
Protected Status
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).
ACTION: Notice.
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[[Page 43226]]
SUMMARY: Through this notice, the Department of Homeland Security (DHS)
announces that the Secretary of Homeland Security (Secretary) is
terminating the 2021 designation of Venezuela for Temporary Protected
Status (TPS). The 2021 designation of Venezuela is set to expire on
September 10, 2025. After reviewing country conditions and consulting
with appropriate U.S. Government agencies, the Secretary determined
that Venezuela no longer continues to meet the conditions for the 2021
designation for Temporary Protected Status. The Secretary, therefore,
is terminating the 2021 Temporary Protected Status designation of
Venezuela as required by statute. This termination is effective
November 7, 2025. After November 7, 2025, nationals of Venezuela (and
aliens having no nationality who last habitually resided in Venezuela)
who have been granted Temporary Protected Status under Venezuela's 2021
designation will no longer have Temporary Protected Status.
DATES: The 2021 designation of Venezuela for TPS is terminated,
effective at 11:59 p.m., local time, on November 7, 2025.
FOR FURTHER INFORMATION CONTACT: Humanitarian Affairs Division, Office
of Policy and Strategy, U.S. Citizenship and Immigration Services,
Department of Homeland Security, (240) 721-3000.
SUPPLEMENTARY INFORMATION:
List of Abbreviations
CFR--Code of Federal Regulations
DHS--U.S. Department of Homeland Security
EAD--Employment Authorization Document
FR--Federal Register
FRN--Federal Register Notice
Government--U.S. Government
INA--Immigration and Nationality Act
Secretary--Secretary of Homeland Security
USCIS--U.S. Citizenship and Immigration Services
U.S.C.--United States Code
What is temporary protected status?
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
Temporary Protected Status (TPS) if the Secretary determines that
certain country conditions exist. See INA sec. 244(b)(1), 8 U.S.C.
1254a(b)(1). The Secretary, in her discretion, may grant Temporary
Protected Status to eligible nationals of that foreign state (or aliens
having no nationality who last habitually resided in the designated
foreign state). See INA sec. 244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
At least 60 days before the expiration of a foreign state's
Temporary Protected Status designation or extension, the Secretary--
after consultation with appropriate U.S. Government agencies--must
review the conditions in the foreign state designated for Temporary
Protected Status to determine whether the conditions for the Temporary
Protected Status designation continue to be met. See INA sec.
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 Temporary Protected Status designation,
Temporary Protected Status will be extended for an additional period of
6 months or, in the Secretary's discretion, 12 or 18 months. See INA
sec. 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
Temporary Protected Status designation, the Secretary must terminate
the designation. See INA sec. 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).
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 Temporary Protected Status. See
INA sec. 244(b)(5)(A), 8 U.S.C. 1254a(b)(5)(A).
Temporary Protected Status is a temporary immigration benefit
granted to eligible nationals of a country designated for Temporary
Protected Status under the INA, or to eligible aliens without
nationality who last habitually resided in the designated country.
During the designation period, Temporary Protected Status 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 Temporary
Protected Status. Temporary Protected Status beneficiaries may also
apply for and be granted travel authorization as a matter of
discretion. The granting of Temporary Protected Status does not result
in or lead to lawful permanent resident status or any other immigration
status. To qualify for Temporary Protected Status, beneficiaries must
meet the eligibility standards at INA section 244(c)(2), 8 U.S.C.
1254a(c)(2) in accordance with the implementing regulations at 8 CFR
parts 244 and 1244. When the Secretary terminates a country's
designation, beneficiaries return to the same immigration status or
category that they maintained before Temporary Protected Status, 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 Temporary Protected Status, as long as it
is still valid on the date Temporary Protected Status terminates.
2021 Designation of Venezuela for Temporary Protected Status
Venezuela was initially designated for Temporary Protected Status
on March 9, 2021, for a period of 18 months, on the basis of
extraordinary and temporary conditions in Venezuela that prevented
nationals of Venezuela from returning in safety. 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). Following the initial
designation, Temporary Protected Status for Venezuela was extended
again for a period of 18 months from September 10, 2022, through March
10, 2024, based on extraordinary and temporary conditions.\1\
Thereafter, former Secretary Mayorkas extended the Venezuela 2021
Temporary Protected Status designation for another 18 months with an
expiration date of September 10, 2025 on the basis of extraordinary and
temporary conditions, 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 Temporary Protected
Status designations.\2\
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\1\ See Extension of the Designation of Venezuela for Temporary
Protected Status, 87 FR 55024 (Sept. 8, 2022).
\2\ See Extension and Redesignation of Venezuela for Temporary
Protected Status, 88 FR 68130 (Oct. 3, 2023).
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On January 17, 2025, former Secretary Mayorkas issued a notice
extending the 2023 designation of Venezuela for Temporary Protected
Status for 18 months on the basis of extraordinary and temporary
conditions.\3\ In that notice, former Secretary Mayorkas allowed for a
consolidation of filing processes such that all eligible Venezuela
Temporary Protected Status beneficiaries (whether under the 2021 or
2023 designation) could obtain Temporary Protected Status through the
same extension date of October 2, 2026.\4\
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\3\ See Extension of the 2023 Designation of Venezuela for
Temporary Protected Status, 90 FR 5961 (Jan. 17, 2025).
\4\ Id.
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On January 28, 2025, Secretary Noem vacated former Secretary
Mayorkas's
[[Page 43227]]
January 10, 2025 decision, restoring the status quo that preceded that
decision.\5\ On February 5, 2025, Secretary Noem issued a notice
terminating Temporary Protected Status for Venezuela under the 2023
designation.\6\ The vacatur and termination determinations were the
subject of litigation, even though the statute is clear that Temporary
Protected Status decisions are not subject to judicial review.\7\ On
March 31, 2025, the U.S. District Court for the Northern District of
California issued a nationwide order postponing the February 5, 2025
termination and vacatur of Temporary Protected Status for Venezuela.\8\
On May 19, 2025, the U.S. Supreme Court granted the government's
request for an emergency stay of the district court's order.\9\ Thus,
the 2023 designation of Venezuela for Temporary Protected Status has
been terminated pursuant to Secretary Noem's February 5, 2025
decision.\10\ Separately, Temporary Protected Status under the 2021
designation for Venezuela remains in effect through September 10, 2025.
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\5\ See Vacatur of 2025 Temporary Protected Status Decision for
Venezuela, 90 FR 8805 (Feb. 3, 2025).
\6\ See Termination of the October 3, 2023 Designation of
Venezuela for Temporary Protected Status, 90 FR 9040 (Feb. 5, 2025).
\7\ See INA sec. 244(b)(5)(A), 8 U.S.C. 1254a(b)(5)(A).
\8\ Nat'l TPS All. v. Noem, 773 F. Supp. 3d 807 (N.D. Cal.
2025), appeal pending, No. 25-2120 (9th Cir. filed Apr. 2, 2025).
\9\ Noem v. Nat'l TPS All., No. 24A1059, 2025 WL 1427560 (U.S.
May 19, 2025).
\10\ On May 30, 2025, the district court narrowed the scope of
Temporary Protected Status holders who are entitled to relief,
limiting relief to those aliens who received Temporary Protected
Status-related documentation based on the October 2, 2026 expiration
date for those that received Temporary Protected Status-related
documentation from January 17, 2025 up through February 5, 2025.
Additionally, the court postponed the effective date of the portion
of the Secretary's vacatur decision purporting to invalidate those
documents until the case is resolved on the merits. See Nat'l TPS
All. v. Noem, No. 3:25-cv-01766, 2025 WL 1547628 (N.D. Cal. May 30,
2025).
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Secretary's Authority To Terminate the 2021 Designation of Venezuela
for Temporary Protected Status
At least 60 days before the expiration of a foreign state's
Temporary Protected Status designation or extension, the Secretary--
after consultation with appropriate U.S. Government agencies--must
review the conditions in the foreign state designated for Temporary
Protected Status to determine whether the country continues to meet the
conditions for the designation. See INA sec. 244(b)(3)(A), 8 U.S.C.
1254a(b)(3)(A). If the Secretary determines that foreign state no
longer meets the conditions for the Temporary Protected Status
designation, the Secretary must terminate the designation. See INA sec.
244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B). The 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 id. The
Secretary, at her discretionary option, may determine the appropriate
effective date of the termination and expiration of any Temporary
Protected Status-related documentation, such as EADs, issued or renewed
after the effective date of termination. See id.; see also INA sec.
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 2021 Temporary Protected
Status Designation for Venezuela
Consistent with INA section 244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A),
after consulting with appropriate U.S. Government agencies, the
Secretary reviewed country conditions in Venezuela and considered
whether Venezuela continues to meet the conditions for the designation
under INA section 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C). This review
included examining: (a) whether extraordinary and temporary conditions
in Venezuela that prevent Venezuelan nationals from returning in safety
continue to exist, and (b) if permitting Venezuelan nationals to remain
temporarily in the United States is contrary to the national interest
of the United States.
Overall, certain conditions for the 2021 Temporary Protected Status
designation of Venezuela may continue; however, there are notable
improvements in several areas that allow for these nationals to be
safely returned to their home country. For example, there have been
measurable improvements in Venezuela's economic outlook. Venezuela
produced 820,000 barrels of oil daily as reported in July 2024, which
was 70,000 more than a year prior and almost twenty percent more than
two years prior.\11\ Hyperinflation dropped significantly from 337% in
2023 to 59.6% in 2024, according to the International Monetary
Fund.\12\ Real GDP growth reached 5.3% in 2024, up from 4% in 2023.\13\
Notably, the number of Venezuelans returning to their country of origin
increased in 2023.\14\ The United Nations High Commissioner for
Refugees and International Organization for Migration have noted that
``for every two Venezuelans leaving, one is returning, with 66% of the
interviewed returnees expressing their intention to remain in the
country.'' \15\
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\11\ El Pais, ``Venezuela experiences an economic recovery in
times of electoral uncertainty'' July 22, 2024, https://english.elpais.com/economy-and-business/2024-07-22/venezuela-experiences-an-economic-recovery-in-times-of-electoral-uncertainty.html.
\12\ Library of Congress, Congressional Research Service,
``Venezuela: Political Crisis and U.S. Policy,'' Apr. 4, 2025,
https://www.congress.gov/crs-product/IF10230.
\13\ International Monetary Fund, ``Real GDP Growth:
Venezuela,'' https://www.imf.org/external/datamapper/NGDP_RPCH@WEO/VEN?year=2024.
\14\ IOM, ``Venezuela (Bolivarian Republic of) Crisis Response
Plan 2024'' May 21, 2024, https://crisisresponse.iom.int/response/venezuela-bolivarian-republic-crisis-response-plan-2024.
\15\ UNHCR, ``Bolivarian Republic of Venezuela Annual Results
Report 2024'' May 29, 2025, https://www.unhcr.org/us/media/bolivarian-republic-venezuela-annual-results-report-2024.
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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 2021 Venezuela
Temporary Protected Status 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.\16\
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\16\ 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.''); see also, e.g., Pazine v. Garland, 115 F.4th
53, 64 (1st Cir. 2024) (``[I]t is black-letter law that `agencies
are not required to make findings on issues the decision of which is
unnecessary to the results they reach' . . . .'' (quoting
Bagamasbad, 429 U.S. at 25)).
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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).\17\
Determining whether
[[Page 43228]]
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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\17\ 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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Based on her review, the Secretary has determined that termination
of Temporary Protected Status for Venezuela is required because it is
contrary to the national interest to permit Venezuelan nationals (or
aliens having no nationality who last habitually resided in Venezuela)
to remain temporarily in the United States.
President Trump clearly articulated policy imperatives bearing upon
the national interest in his immigration and border-related executive
orders and proclamations. In Proclamation 10888, ``Guaranteeing the
States Protection Against Invasion,'' President Trump emphasized that
Congress has established a complex and comprehensive framework under
the INA to regulate the entry and exit of aliens and goods across U.S.
borders.\18\ Under normal conditions, this framework supports national
sovereignty by enabling the admission of aliens whose presence serves
the national interest and excluding those who may pose risks to public
health, safety, or national security. However, in a high-volume border
environment--particularly when the system is overwhelmed--this
screening process can become ineffective. Limited access to critical
information and significant processing delays hinders the ability of
federal officials to reliably assess the criminal histories or national
security threats posed by aliens attempting to enter the U.S.
illegally. As a result, public safety and national security risks are
significantly heightened in such conditions.\19\
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\18\ See Guaranteeing the States Protection Against Invasion, 90
FR 8333 (Jan. 29, 2025).
\19\ Id.
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In Executive Order 14161, ``Protecting the United States From
Foreign Terrorists and Other National Security and Public Safety
Threats,'' President Trump instructed the Secretary of State, Attorney
General, Secretary of Homeland Security, and Director of National
Intelligence to jointly submit to the President a report that
identified countries throughout the world ``for which vetting and
screening information is so deficient as to warrant a partial or full
suspension on the admission of nationals from those countries.'' \20\
In Proclamation 10949, ``Restricting the Entry of Foreign Nationals to
Protect the United States from Foreign Terrorists and Other National
Security and Public Safety Threats,'' President Trump partially
restricted and limited the entry of nationals from Venezuela following
his review of the requested report.\21\ In support of this decision,
President Trump outlined that ``Venezuela lacks a competent or
cooperative central authority for issuing passports or civil documents
and it does not have appropriate screening and vetting measures.\22\
Venezuela has historically refused to accept back its removable
nationals. According to the FY 2023 Entry/Exit Overstay Report,
Venezuela had a B-1/B-2 [nonimmigrant visa] overstay rate of 9.83
percent.'' \23\
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\20\ Protecting the United States From Foreign Terrorists and
Other National Security and Public Safety Threats, 90 FR 8451 (Jan.
30, 2025).
\21\ See Restricting the Entry of Foreign Nationals to Protect
the United States From Foreign Terrorists and Other National
Security and Public Safety Threats, 90 FR 24497 (June 10, 2025).
\22\ Id.
\23\ CBP, Entry/Exit Overstay Report Fiscal Year 2023 Report to
Congress, Aug. 5, 2025, https://www.dhs.gov/sites/default/files/2024-10/24_1011_CBP-Entry-Exit-Overstay-Report-FY23-Data.pdf.
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In Executive Order 14159, ``Protecting the American People Against
Invasion,'' President Trump underscored that enforcing the immigration
laws ``is critically important to the national security and public
safety of the United States.'' \24\ In furtherance of that objective,
the President directed the Secretary of Homeland Security, 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.\25\ Among the directed actions are to ensure that Temporary
Protected Status designations are consistent with the Temporary
Protected Status 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.'' \26\
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\24\ Protecting the American People Against Invasion, 90 FR 8443
(Jan. 29, 2025).
\25\ Id., sec. 16, 90 FR 8446.
\26\ Id., sec. 16(b), 90 FR 8446.
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The Migration Policy Institute estimates that, as of 2023, 74% of
Venezuelan nationals in the United States arrived since 2010, and just
14% of Venezuelans arrived before 2000.\27\ According to U.S. Customs
and Border Protection (CBP) data, there were 189,520 apprehensions of
Venezuelans in Fiscal Year 2022, 334,914 in Fiscal Year 2023, 313,496
in Fiscal Year 2024, and 65,204 in Fiscal Year 2025 (based on data from
October 2024 to April 2025).\28\ A July 2024 report found that ``in the
first five months of the year [2024], CBP agents encountered more than
900,000 illegal aliens at the U.S.-Mexico border. The majority hailed
from just six countries: Mexico, Guatemala, Venezuela, Cuba, Ecuador,
and Colombia, in descending order.'' \29\ These figures underscore the
dramatic recent increase in Venezuelan migration to the United States
and highlight Venezuela's continued role as a major driver of irregular
migration at the southern border.
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\27\ Migration Policy Institute, ``Venezuelan Immigrants in the
United States'' Feb. 6, 2025, https://www.migrationpolicy.org/article/venezuelan-immigrants-united-states.
\28\ U.S. Customs and Border Protection ``Nationwide
Encounters,'' (last updated May 5, 2025), https://www.cbp.gov/newsroom/stats/nationwide-encounters.
\29\ Council on Foreign Relations, ``Why Six Countries Account
for Most Migrants at the U.S.-Mexico Border'' July 9, 2024, https://www.cfr.org/article/why-six-countries-account-most-migrants-us-mexico-border.
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Programs like Temporary Protected Status can act as additional pull
factors, potentially worsening an already unsustainable situation. This
is particularly so in the case of Venezuela, a country that has been a
significant contributor to migration at the southern border and that
has caused a sharp increase in irregular migration to the United
States. The Attorney General and DHS have long recognized that the
potential ``magnet effect'' of a Temporary Protected Status designation
is a valid consideration when evaluating eligibility under the
Temporary Protected Status statute.\30\ A November 2023 report
highlighted the impact of the previous administration's Temporary
Protected Status designation for Venezuela: ``with the Biden
administration's announcement redesignating Venezuela as continuing to
be eligible for TPS for all who arrived in the United States before
July 31, 2023, and with over 472,000 [Venezuelan nationals] potentially
benefitting from the measure and quickly allowing them to work legally,
[[Page 43229]]
the magnetic pull north continues to be a factor.'' \31\ Given
Venezuela's substantial role in driving irregular migration and the
clear magnet effect created by Temporary Protected Status, maintaining
or expanding Temporary Protected Status for Venezuelan nationals
directly undermines efforts to secure the southern border and manage
migration effectively.
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\30\ 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.'').
\31\ Center for Strategic and International Studies, ``The
Persistence of the Venezuelan Migrant and Refugee Crisis'' Nov. 27,
2023, https://www.csis.org/analysis/persistence-venezuelan-migrant-and-refugee-crisis.
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On January 20, 2025, President Trump issued Executive Order 14157,
``Designating Cartels and Other Organizations as Foreign Terrorist
Organizations and Specially Designated Global Terrorists,'' \32\ which,
on February 20, 2025, led to the Department of State announcement of
the designation of eight cartels and transnational organizations,
including Tren de Aragua (TdA), as Foreign Terrorist Organizations.\33\
The associated fact sheet states: ``TdA is a transnational organization
that originated in Venezuela with cells in Colombia, Peru, and Chile
with further reports of sporadic presence in Ecuador, Bolivia, and
Brazil. This brutal criminal group has conducted kidnappings, extorted
businesses, bribed public officials, authorized its members to attack
and kill U.S. law enforcement, and assassinated a Venezuelan opposition
figure.'' \34\ On March 14, 2025, President Trump issued Proclamation
10903, ``Invocation of the Alien Enemies Act Regarding the Invasion of
the United States by Tren de Aragua,'' which highlighted that ``TdA is
closely aligned with, and indeed has infiltrated, the Maduro regime,
including its military and law enforcement apparatus.'' \35\
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\32\ See Designating Cartels and Other Organizations as Foreign
Terrorist Organizations and Specially Designated Global Terrorists,
90 FR 8439 (Jan. 29, 2025).
\33\ See Foreign Terrorist Organization Designations of Tren de
Aragua, Mara Salvatrucha, Cartel de Sinaloa, Cartel de Jalisco Nueva
Generacion, Carteles Unidos, Cartel del Noreste, Cartel del Golfo,
and La Nueva Familia Michoacana, 90 FR 10030 (Feb. 20, 2025).
\34\ U.S. Department of State, ``Designation of International
Cartels Fact Sheet,'' Feb. 20, 2025, https://www.state.gov/designation-of-intemational-cartels/.
\35\ See Invocation of the Alien Enemies Act Regarding the
Invasion of the United States by Tren de Aragua, 90 FR 13033 (Mar.
20, 2025).
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Because of the previous administration's policies, Tren de Aragua
has expanded their operations to the United States as well. In February
2025, ICE arrested a suspected Tren de Aragua gang member who was
apprehended by Border Patrol in December 2023 for entering without
inspection, served the next day with a notice to appear before an
immigration judge, and released on an order of recognizance because he
was traveling with his spouse and children. He was arrested in May 2024
for indecent assault without consent, indecent assault on a person less
than 16 years of age, and harassment.\36\ In March 2025, DHS and ICE
announced the arrest of 68 Tren de Aragua members in less than a
week.\37\ In April 2025, the Department of Justice announced that 27
members or associates of Tren de Aragua were charged with racketeering,
narcotics, sex trafficking, robbery, and firearms offenses.\38\ Also in
April 2025, ICE arrested a documented Tren de Aragua gang member who
had previously entered the U.S. on April 10, 2023, was taken into
custody, and placed into immigration proceedings. Although an
immigration judge ordered him removed in March 2024, he absconded from
authorities before his removal could be carried out and remained in the
United States.\39\ In June 2025, ICE arrested a Tren de Aragua gang
member who attacked an ICE agent and an FBI agent and was charged with
attempted murder. He had previously entered the U.S. illegally in 2023
and was removed by U.S. Border Patrol. He subsequently re-entered in
2024 and was released into the country with a notice to appear.\40\ DHS
has identified aliens who were documented and/or self-admitted Tren de
Aragua members who were apprehended by U.S. Border Patrol under the
previous administration and released as part of ``catch-and-release.''
\41\ This non-exhaustive list highlights the prior administration's
failures in adequately vetting aliens entering the country, which has
contributed to the entry of numerous Tren de Aragua gang members and
posed a serious threat to public safety and national security. These
lapses have facilitated the infiltration of violent criminal elements,
thereby endangering American communities and undermining the integrity
of U.S. immigration benefits such as Temporary Protected Status.
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\36\ ICE, ``ICE arrests suspected Tren de Aragua member with
history of sexual harassment'' Feb. 1, 2025, https://www.ice.gov/news/releases/ice-arrests-suspected-tren-de-aragua-member-history-sexual-harassment.
\37\ DHS, ``DHS Announces Arrest of 68 Tren de Aragua Gang
Members in Under 1 Week'' Mar. 21, 2025, https://www.dhs.gov/news/2025/03/21Idhs-announces-arrest-68-tren-de-aragua-gang-members-under-1-week.
\38\ DOJ, ``27 Members or Associates of Tren de Aragua Charged
with Racketeering, Narcotics, Sex Trafficking, Robbery and Firearms
offenses'' Apr. 21, 2025, https://www.justice.gov/opa/pr/27-members-or-associates-tren-de-aragua-charged-racketeering-narcotics-sex-trafficking.
\39\ ICE, ``ICE arrests Tren de Aragua gang member illegally
residing in Houston area'' April 9, 2025, https://www.ice.gov/news/releases/ice-arrests-tren-de-aragua-gang-member-illegally-residing-houston-area.
\40\ ICE, ``Press Release: ICE Arrests Criminal Illegal Alien
Tren de Aragua Gang Member for Attempting to Murder an ICE Officer''
June 20, 2025, https://www.dhs.gov/news/2025/06/20/ice-arrests-criminal-illegal-alien-tren-de-aragua-gang-member-attempting-murder-ice.
\41\ DHS, Press Release: ``Reuters ``Reporting'' Fails to
Mention that the Biden Administration Released Two Tren de Aragua
Gang Members into American Communities,'' Apr. 30, 2025, https://www.dhs.gov/news/2025/04/30/reuters-reporting-fails-mention-biden-administration-released-two-tren-de-aragua.
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In addition to public safety concerns, there have also been
substantiated fraud and vetting failures within this Temporary
Protected Status population. For instance, The New York Times recently
profiled the case of a Venezuelan national with three felony
convictions who was erroneously granted Temporary Protected Status
under the prior administration.\42\ This is one of multiple cases
underscoring systemic vulnerabilities in screening and vetting
processes for nationals of Venezuela, and, therefore, supports an
assessment that, in DHS's view, it is contrary to the national interest
to continue Temporary Protected Status for Venezuela under the 2021
designation.
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\42\ The New York Times, ``Detention and Deportation as Seen
Through a Family Group Chat'' June 10, 2025, https://www.nytimes.com/interactive/2025/06/10/us/politics/trump-immigrant-family-deportation-joumey.html?smid=nytcore-ios-share&referringSource=articleShare.
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Furthermore, DHS records indicate there are Venezuelan nationals
(or aliens who last habitually resided in Venezuela) who are Temporary
Protected Status beneficiaries or applicants who are or have been the
subject of administrative investigations for fraud, public safety and
national security. The Secretary accordingly took account of those
cases in making her determination, as fraud and egregious public safety
violations are contrary to the national interest.
In Executive Order 14150, ``America First Policy Directive to the
Secretary of State,'' President Trump declared ``from this day forward,
the foreign policy of the United States shall champion core American
interests and always put America and American citizens first.''
Moreover, in Executive Order 14150, President Trump instructed ``as
soon as practicable, the Secretary of State shall issue guidance
bringing the Department of State's policies, programs, personnel, and
operations in line with an America First foreign policy, which puts
America
[[Page 43230]]
and its interests first.'' \43\ On March 24, 2025, in Executive Order
14245, President Trump announced his intention to impose tariffs on
countries importing Venezuelan oil. The Executive Order states: ``the
actions and policies of the regime of Nicolas Maduro in Venezuela
continue to pose an unusual and extraordinary threat to the national
security and foreign policy of the United States . . . furthermore,
Venezuela's ongoing destabilizing actions, including its support for
illicit activities, necessitate further economic measures to protect
United States interests.'' \44\ On March 15, 2025, in Proclamation
10903, President Trump stated that the Maduro regime had a ``goal of
destabilizing democratic nations in the Americas, including the United
States.'' \45\ In a May 27, 2025 briefing, a Department of State
representative commenting on the expired Chevron oil license for
Venezuela stated ``we are going to continue to deny any funding of the
Maduro regime that it uses to oppress the Venezuelan people.'' \46\ In
a recent meeting with Venezuelan opposition figures, Secretary Rubio
``reaffirmed the United States' support for the restoration of
democracy in Venezuela and the release of all political prisoners, as
well as the safe return of arbitrarily detained Americans and other
foreign nationals in Venezuela.'' \47\ This view was reiterated in a
July 2025 Department of State press statement issued after the release
of American citizens who had been wrongfully detained in Venezuela.\48\
Sustaining the 2021 Temporary Protected Status designation for
Venezuela could undercut the United States' foreign policy objectives
of a peaceful, democratic resolution to Venezuela's political crisis by
relieving pressure on Maduro's regime to enact domestic reforms and
facilitate safe return conditions.
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\43\ America First Policy Directive to the Secretary of State,
90 FR 8337 (Jan. 29, 2025).
\44\ Imposing Tariffs on Countries Importing Venezuelan Oil, 90
FR 13829 (Mar. 27, 2025).
\45\ Invocation of the Alien Enemies Act Regarding the Invasion
of the United States by Tren de Aragua, 90 FR 13033 (Mar. 20, 2025).
\46\ DOS, ``Department Press Briefing--May 27, 2025'' May 27,
2025, https://www.state.gov/briefings/department-press-briefing-may-27-2025/.
\47\ DOS, ``Press Release: Secretary Rubio's Meeting with
Venezuelan Opposition Figures'' May 23, 2025, https://www.state.gov/releases/office-of-the-spokesperson/2025/05/secretary-rubios-meeting-with-venezuelan-opposition-figures/.
\48\ DOS, ``Press Release: Welcoming the Release of U.S.
Nationals and Political Prisoners Held in Venezuela'' July 18, 2025,
https://www.state.gov/releases/office-of-the-spokesperson/2025/07/welcoming-the-release-of-u-s-nationals-and-political-prisoners-held-in-venezuela/. (``The Trump Administration continues to support the
restoration of democracy in Venezuela.'').
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In sum, the Secretary's decision to terminate the 2021 Temporary
Protected Status designation for Venezuela is grounded in a
comprehensive assessment of national interest factors including public
safety, national security, migration factors, immigration policy,
economic considerations, and foreign policy. In considering these
factors individually and cumulatively, the Secretary has determined
that permitting Venezuelan nationals to remain temporarily in the
United States is contrary to the U.S. national interest.\49\
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\49\ This determination is consistent with the Secretary's
February 5, 2025 national interest determination with respect to the
2023 TPS designation for Venezuela. See 90 FR 9042-43.
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DHS estimates that there are 268,156 current approved beneficiaries
under the 2021 designation of Temporary Protected Status for Venezuela.
As of June 24, 2025, there are 106,673 total pending applications for
the 2021 designation of Temporary Protected Status for Venezuela.\50\
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\50\ There are 268,156 total approved beneficiaries under the
2021 designation of Temporary Protected Status for Venezuela. There
are 4,813 total approved beneficiaries under the 2023 new
designation of Temporary Protected Status for Venezuela. The total
approved beneficiaries are 272,969 between the two designations.
There are 106,673 total pending applications under the 2021
designation of Temporary Protected Status for Venezuela. There are
293,479 total pending applications under the 2023 redesignation of
Temporary Protected Status for Venezuela. The total of pending
applications is 400,152 between the two designations. Estimates as
of June 24, 2025.
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Effective Date of Termination of the 2021 Designation
The Temporary Protected Status statute provides that the
termination of a country's Temporary Protected Status designation may
not be effective earlier than 60 days after the notice is published in
the Federal Register or, if later, the expiration of the most-recent
previous extension. See INA sec. 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).
The Temporary Protected Status statute authorizes the Secretary, at
her discretion, to allow for an extended ``orderly transition'' period
with respect to the termination and the expiration of any Temporary
Protected Status-related documentation, such as EADs. The Secretary has
determined, in her discretion, that a 60-day transition period is
sufficient and warranted here given the Secretary's finding that
continuing to permit the Venezuelan nationals to remain temporarily in
the United States is contrary to the U.S. national interest. See INA
sec. 244(d)(3), 8 U.S.C. 1254a(d)(3). Accordingly, the termination of
the 2021 Venezuela TPS designation will be effective 60 days from this
notice's publication date.\51\
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\51\ 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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DHS recognizes that Venezuela Temporary Protected Status
beneficiaries under the 2021 designation continue to be employment-
authorized during the 60-day transition period.\52\ Accordingly,
through this Federal Register notice, DHS automatically extends the
validity of certain EADs previously issued under the 2021 Temporary
Protected Status designation of Venezuela through November 7, 2025.
Therefore, as proof of continued employment authorization through
November 7, 2025, TPS beneficiaries can show their EADs that have the
notation A-12 or C-19 under Category and a ``Card Expires'' dates of
September 9, 2022, March 10, 2024, and September 10, 2025.
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\52\ See INA 244(a)(1)(B), 8 U.S.C. 1254a(a)(1)(B); see also 8
CFR 244.13(b).
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The Secretary has considered putative reliance interests in the
2021 Venezuela TPS designation, especially when considering whether to
allow for an additional transition period akin to that allowed under
certain previous Temporary Protected Status terminations. Temporary
Protected Status, as the name itself makes clear, is an inherently
temporary status. Temporary Protected Status designations are time-
limited and must be periodically reviewed, and Temporary Protected
Status 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 sec. 244(b)(3), (d)(3);
8 U.S.C. 1254a(b)(3), (d)(3). The statute inherently contemplates
advance notice of a termination by requiring timely publication of the
Secretary's determination and delaying the effective date of the
termination by at least 60 days after publication of a Federal Register
notice of the termination or, if later, the existing expiration date.
See INA sec. 244(b)(3)(A)-(B), (d)(3); 8 U.S.C. 1254a(b)(3)(A)-(B),
(d)(3).
Notice of the Termination of the 2021 TPS Designation of Venezuela
By the authority vested in me as Secretary under INA Section
244(b)(3),
[[Page 43231]]
8 U.S.C. 1254a(b)(3), I have reviewed, in consultation with the
appropriate U.S. Government agencies, (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 Temporary
Protected Status under INA Section 244(b)(1)(C), 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)(1)(B),
and considering INA Section 244(d)(3), 8 U.S.C. 1254a(d)(3), the 2021
designation of Venezuela for Temporary Protected Status is terminated
effective at 11:59 p.m., local time, on November 7, 2025.
(2) Information concerning the termination of Temporary Protected
Status for nationals of Venezuela (and aliens having no nationality who
last habitually resided in Venezuela) under the 2021 designation will
be available at local USCIS offices upon publication of this notice and
through the USCIS Contact Center at 1-800-375-5283. This information
will also be published on the USCIS website at www.uscis.gov.
Kristi Noem,
Secretary of Homeland Security.
[FR Doc. 2025-17087 Filed 9-5-25; 8:45 am]
BILLING CODE 9111-97-P