Fearing Trump’s wrath, cowardly Rubio does 180 degree shift on Venezuelan TPS

Newly revealed documents indicate a significant shift in Secretary of State Marco Rubio’s position on Temporary Protected Status (TPS) for Venezuelan immigrants. 

Despite his past strong support for these protections, which included co-sponsoring legislation and advocating for expansion under both Republican and Democratic administrations, Rubio endorsed President Trump’s decision to terminate TPS for Venezuelans shortly after Trump took office. 

In a letter, Rubio argued that granting TPS to Venezuelans did not serve core American interests and could encourage mass migration. This reversal has drawn criticism from immigration advocates who view it as a betrayal, especially considering Rubio’s previous warnings about the dangers Venezuelans faced under the Maduro regime. 

While Homeland Security announced the termination of TPS for Venezuela, citing improved conditions, Rubio himself has publicly condemned the Venezuelan government as a humanitarian crisis perpetrator.

Information on Venezuelan TPS

This report synthesizes information from various sources regarding the Temporary Protected Status (TPS) designation for Venezuelan nationals in the United States. It highlights the current status of Venezuelan TPS, the legal challenges surrounding its potential termination, eligibility criteria, benefits, and related immigration issues such as asylum, deportation concerns, and travel restrictions. Recent legal actions have temporarily halted the termination of TPS for Venezuelans, creating ongoing uncertainty. The information underscores the situation’s complexity and the need for affected individuals to seek legal counsel.

Main Themes and Important Ideas/Facts:

1. Current Status of Venezuelan TPS and Legal Challenges:

• The original 2021 TPS designation for Venezuela was set to expire. A 2023 redesignation extended protections.
• However, sources reveal significant legal and administrative volatility surrounding Venezuelan TPS.
• USCIS (United States Citizenship and Immigration Services) Website Alert (April 8, 2025) explicitly states: “ALERT: The Administration is committed to restoring the rule of law with respect to Temporary Protected Status (TPS). Nonetheless, on March 31, 2025, Judge Edward Chen, a federal judge in San Francisco, ordered the department to continue TPS for Venezuelans.”
• The USCIS further notes, “DHS intends to end Venezuela TPS as soon as it obtains relief from the court order.” This highlights the administration’s intent despite the court’s intervention.
• NSLAC (North Suburban Legal Aid Clinic) Update of March 31, 2025, confirms the judicial pause: “On March 31, 2025, a federal judge has paused the Trump administration’s plan to end TPS for 350,000 Venezuelans, just days before its April 7 expiration. This ruling blocks immediate harm to families, the economy, and public safety.”
• The USCIS website states that a notice extending TPS, dated January 17, 2025, was vacated, further illustrating the administrative back-and-forth.
• The USCIS highlights that the court order was issued “even though the TPS statute states that TPS decisions are not subject to judicial review.” This highlights the exceptional nature of the legal intervention.

2. Eligibility and Benefits of TPS:

• The National Immigration Forum NIF) fact sheet outlines general TPS eligibility: “TPS can be granted to an individual who is a national of a designated country, has filed for status during a specified registration period, and who has been continuously physically present in the U.S. since a designated date.”
• USCIS Website (Venezuela): This website specifies the continuous residence dates for the 2021 designation (March 8, 2021) and for the 2023 redesignation (July 31, 2023).

• NIF Fact Sheet lists the benefits of TPS:
  • Not removable from the U.S. and not detainable by DHS on the basis of immigration status.
  • Eligible for an Employment Authorization Document (EAD); and,
  • Eligible for travel authorization.

• The USCIS website confirms the extension of EADs related to Venezuelan TPS through April 2, 2026, “under protest pursuant to court order.”

4. Political Dimensions:

• A Doral (a Miami-Dade County municipality often referred to as Doralzuela) City Council representative stated, “Rubio was once a voice for us. Now he is fueling policies that treat us as enemies. I hope he reconsiders and publicly corrects these recommendations so our community can live in peace and continue contributing to this nation we now call home.”
• The same council member found it “saddening and disheartening to ‘see the person now leading our nation’s diplomacy, someone from our very own community who once stood with us, now misinforming the federal administration about who we are.’”
• This highlights the political sensitivity of immigration policies and the perceived shift in some politicians’ positions.
•  TPS as a Temporary Measure:
• The NIF Fact Sheet emphasizes that TPS is a temporary status granted due to specific conditions in a designated country.
• TPS does not provide a path to lawful permanent residence or citizenship; however, a TPS recipient is not barred from acquiring nonimmigrant or immigrant status if they meet the requirements.

5. Scope of TPS:

• The NIF Fact Sheet provides data as of September 23, 2024, showing that Venezuela has the largest number of TPS beneficiaries: 344,335. 
• It also lists the top states where TPS holders reside, with Florida having the largest population of 295,720, followed by Texas and New York.
• The Congressional Research Service (CRS) report confirms that, as of March 31, 2024, approximately 863,880 foreign nationals from 16 countries, including Venezuela, were protected by TPS.

Conclusion:

The situation surrounding TPS for Venezuelans is dynamic and subject to legal and political developments. While a recent court order has temporarily halted the planned termination, the long-term stability of this protection remains uncertain. Many Venezuelans in the U.S. with expiring TPS are seeking alternative forms of legal status, such as asylum, but they face anxieties about the process and the potential for deportation.