Most Venezuelans not at immediate risk despite TPS decision, immigration attorney says
A Supreme Court decision has stripped legal protections for more than 350,000 Venezuelan migrants living in the U.S. under Temporary Protected Status (TPS), sparking fear and confusion across South Florida.
However, immigration attorney Willy Allen says most Venezuelans affected by the ruling should not panic.
"First of all, not to be worried," Allen told CBS News Miami. "The vast majority of Venezuelans who came here between March 21, 2021, and August of 2023 have already filed for asylum. So if you were a Venezuelan and had previously filed an asylum application and you had TPS, you have nothing to worry about."
He explained that those individuals still have pending asylum hearings and interviews and are not under immediate threat of deportation.
Small group faces risk
Allen noted that only a limited number of people are in jeopardy.
"The only Venezuelans who need to be worried is the Venezuelan that has a final deportation order because he lost the asylum and he has to go to court, and the TPS now is no longer protecting them," Allen said. "But that is a small group of people."
The TPS program, originally established under the Biden administration, was expected to last through October of next year. Homeland Security Secretary Kristi Noem recently stated that continuing the program was "contrary to the national interest," prompting the Supreme Court to put a lower court ruling on hold.
Advice for migrants moving forward
Allen urged Venezuelans to take clear, proactive steps.
"Number one, go back to their asylum so they have an asylum application. They should renew their work permits under their asylum and they should move forward and wait for the court hearing to be rescheduled or for an asylum interview to happen," he advised.
The decision has drawn strong criticism from political leaders, including Rep. Debbie Wasserman Schultz (D-Fla.), co-chair of the Venezuela Democracy Caucus.
"Venezuelan TPS holders fled the Maduro regime to build lives in America. They sought refuge in America from his oppression and tyranny," she said in a statement. "This atrocious decision allows Trump to deport non-criminals back to the murderous dictatorship. The fight is not over. We must pass my Venezuela TPS Act to keep our community safe."
As uncertainty looms, attorneys and advocates stress the importance of staying informed and making sure legal protections tied to asylum are up to date.
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