© Farhad Sethna and Andrea Rodriguez, Attorneys, 2025

On May 19, 2025, The U.S. Supreme Court issued its decision allowing the Trump Administration to terminate Temporary Protected Status (TPS) for Venezuelan nationals living in the United States.

Understanding Temporary Protected Status (TPS)

TPS was established in 1990 as a humanitarian program that offered temporary immigration relief to nationals of certain countries experiencing unsafe or extraordinary conditions.

The Secretary of Homeland Security has the discretion to designate – or remove – TPS for specific countries.

On March 9, 2021, The Secretary of Homeland Security, Alejandro Mayorkas, established TPS for Venezuela and that designation continued to be extended until January 2025.

On January 28, 2025, the Secretary of Homeland Security, Kristi Noem, vacated the designation of TPS for Venezuela, and such decision was published on February 3, 2025.

Judge Edward Chen, a federal judge in California, blocked the removal of TPS for Venezuela on March 31, 2025.

After a federal appeals court declined to provide relief to the Trump administration, DHS requested intervention from the Supreme Court.

The Supreme Court’s Decision

With only one dissenter, Justice Kentanki Brown Jackson, The Supreme Court’s decision made it clear that the district court’s injunction preventing Kriti Noem’s decision to end TPS for Venezuelans has been suspended.

This newly issued decision restores the Trump administration’s authority to end TPS for Venezuela, affecting about 350,000 immigrants.

Where does that leave Venezuelan TPS Holders?

Venezuelan TPS holders are now at risk and it is with no surprise that this decision has caused understandable concern among the Venezuelan community.

With everything going on, doing nothing is not enough. Even though Venezuelans no longer have the TPS avenue, there may be other possible avenues for relief – leaving several options open for Venezuelans:

• Asylum: It is important to recognize that the fear and conditions that led many to seek protection in the U.S. can still serve as a valid basis for an asylum claim.

If you fear returning to Venezuela due to race, nationality, religion, political opinion, or membership in a particular social group, you may be eligible to apply for asylum. The termination of TPS does not invalidate your right to seek protection under U.S. asylum laws.

• Humanitarian Asylum:  Individuals who don’t meet the strict definition needed for asylum, may qualify for humanitarian asylum if they faced compelling circumstances that would demonstrate a reasonable fear of serious harm even if persecution for asylum is not met.

• Family Based Petitions: Some TPS holders may be eligible to adjust their status to that of a lawful permanent resident (green card holder) through a family based petition.

Given the complexity of immigration law and the potential consequences of the TPS termination, it is crucial for affected Venezuelan individuals to take action and seek other avenues of relief.

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Farhad Sethna has practiced law for over 30 years. He was awarded his JD in 1990 and his MBA in 1991, both from the University of Akron. Since 1996, he has also been an adjunct professor of Immigration Law at the University of Akron, School of Law, in Akron, Ohio, where he wrote and continues to use his own immigration textbook. Attorney Sethna is a frequent speaker at Continuing Legal Education and professional development seminars on various immigration-related topics. His practice is limited to immigration and small business. He has won awards for excellence in teaching and for pro-bono service. With offices in Cuyahoga Falls, Akron and New Philadelphia, Ohio, Attorney Sethna represents clients in all types of immigration cases before federal agencies and the immigration courts nationwide. A private pilot, it is Farhad’s goal to fly to each of Ohio’s 88 county airports.

Andrea Rodriguez is a recent graduate of the University of Akron, School of Law and was admitted to practice before the Supreme Court of Ohio. She is an associate attorney with Attorney Sethna’s law practice.

Our number is: (330) 384-8000. Please send your general immigration questions to farhad@sethnalaw.com or andrea@sethnalaw.com. We will try to answer as many questions as possible.