The situation of Venezuelans living in our country is complicated, but now it seems it will be worse after Trump announced that he wants to eliminate the Temporary Protected Status (TPS)… What began as a lifeline for thousands of Venezuelans is now about to disappear. If no one stops it, it will cease to be in effect on September 10, and almost 600,000 people will be left in a kind of limbo, without papers, without permission to work and with the threat of deportation hanging over their heads…
The Department of Homeland Security has justified this measure saying that Venezuela has had a “substantial role” in the increase of irregular migration toward the southern border… The phrase has not sat well with a community that has spent years trying to build a legal and stable life in our country while fleeing misery…
A legal battle that does not end
Since the intention to cancel TPS was announced, everything has been a back-and-forth of judicial decisions… At the time, a federal judge managed to stop the measure with a precautionary order. But then, the Supreme Court allowed the White House to move forward. When everything seemed lost, a new twist came.
Last August 29, the Court of Appeals for the Ninth Circuit of California temporarily halted the elimination of TPS. In its decision, it made clear that the program is a predictable system that should be above political swings.
What losing TPS implies
We are talking about a mechanism that protects citizens of countries in crisis. In this case, Venezuela. Thanks to it, thousands of people have been able to work, rent a house, take their children to the doctor and live without fear of being deported while trying to live their own American dream.
If it is canceled, all that disappears. Starting September 10, those who only have that status would be left in irregular situation. The Government has given a margin of 60 days from when it is officially published, but that does not reassure anyone because legal insecurity is already here.
In the hands of the courts
Judge Edward Chen was the one who stopped the measure in January. He argued that canceling it would cause irreparable harm to hundreds of thousands of people, as well as an economic and social blow to many communities. But in May, the Supreme Court sided with Trump.
Now everything is pending what that same judge, Chen, says on September 9. He could order that the program be reinstated. Although if that happens, the Government can appeal again. And so, in a loop.
“The court considers that the action of the secretary [Noem] threatens to: inflict irreparable harm on hundreds of thousands of people whose lives, families and livelihoods will be severely disrupted, cost billions of dollars to the economic activity of the United States and harm public health and safety in communities across the country” argued Chen in his ruling.
How many people does it affect?
In total, there are about 600,000 Venezuelans with TPS. About 268,000 obtained it in 2021 under Biden’s term. Another 300,000 received it in 2023. All of them are awaiting a ruling that will define whether they can move forward or if they have to start from scratch.
Much more than a procedure
This is not a migratory procedure, it is a human matter. There are entire families, with children, jobs, roots. There are people who have spent years paying taxes and building a life. And now, all of that is shaking.
The Trump Administration says it is a measure to protect the border and stop irregular migration. But the truth is that there are almost 600,000 people who today live with their hearts in their throats, not knowing if tomorrow they will still be able to live legally here.