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The Department of Homeland Security (DHS) has officially rescinded former Secretary Alejandro Mayorkas’ January 10, 2025, decision that extended Temporary Protected Status (TPS) for Venezuelans. This reversal removes key provisions that would have prolonged protections and streamlined processes for TPS holders.

Mayorkas’ directive aimed to extend the 2023 TPS designation for Venezuela by 18 months, merge the 2021 and 2023 designations to protect all eligible Venezuelans until October 2, 2026, and automatically renew work permits (EADs) for Venezuelans with TPS.

Despite the reversal, DHS confirmed that Venezuela’s 2021 and 2023 TPS designations remain valid. However, future TPS determinations will adhere to standard statutory deadlines. The 2023 designation will undergo review by February 1, 2025, while the 2021 designation will be reassessed by July 12, 2025.

DHS has not provided a detailed explanation for rescinding Mayorkas’ decision but emphasized that TPS designations must follow statutory review deadlines outlined in the Immigration and Nationality Act (INA). The INA grants DHS discretionary authority over TPS extensions or terminations, with decisions not subject to judicial review.

Venezuelans currently protected under TPS remain covered under the existing 2021 and 2023 designations. However, the automatic extension that would have ensured TPS until 2026 is no longer in effect. The new DHS leadership may reassess Venezuela’s status based on evolving conditions in the country.

This policy change introduces uncertainty for thousands of Venezuelan nationals in the U.S. as they await DHS’s upcoming TPS reviews in 2025.