(UNITED STATES) — Department of Homeland Security Secretary Kristi Noem said on Sunday that Venezuelans who were previously covered by Temporary Protected Status (TPS) can apply for refugee status.
“Venezuela today is more free than it was yesterday. every individual that was under TPS has the opportunity to apply for refugee status,” Noem said during an appearance on Fox News Sunday on January 4, 2026.
Noem tied the shift to enforcement and screening, saying, “We need to make sure that our programs actually mean something, and that we’re following the law.”
Noem on Venezuela, national security, and immigration policy
Noem indicated the U.S. seeks a leader in Venezuela who will be “a partner that understands that we’re going to protect America” to stop drug trafficking and prevent “terrorists from coming into our country.”
Her remarks framed Venezuela as “more free” while emphasizing that immigration relief should be determined through existing legal pathways rather than broad protections tied to a country designation.
Background: TPS terminations and legal timeline
Noem’s remarks followed Department of Homeland Security actions that ended the 2021 and 2023 TPS designations for Venezuela in early 2025, with DHS arguing that conditions no longer met statutory requirements and that extensions were “contrary to the U.S. national interest.”
- The termination affected approximately 600,000 Venezuelans who had been granted protection under the Biden administration.
- A series of legal battles (NTPSA v. Noem) initially delayed the terminations.
- A Supreme Court ruling in October 2025 allowed the terminations to take effect.
Key dates and status differences
| Designation | Key deadline / order | Effect |
|---|---|---|
| 2021 designation | Benefits generally set to end November 7, 2025 | Ended on schedule for most beneficiaries |
| 2023 designation | Work authorization and TPS documentation remain valid until October 2, 2026 for those who re-registered before February 5, 2025, per a district court order | Creates extended validity for a subset who met re-registration requirements |
| Legal action | Supreme Court ruling October 2025 | Permitted terminations to proceed |
| Federal Register | Termination notice: “90 Fed. Reg. 43225 (Sept. 8, 2025)” | Official publication of the 2021 termination notice |
These staggered timelines mean different groups of Venezuelans face different deadlines depending on the designation they relied on and whether they re-registered.
Impact on Venezuelans and immediate questions
The policy shift and interview comments landed as many Venezuelans face expiring or expired work authorization linked to TPS, raising immediate concerns about:
- Employment and job stability
- Legal status and risks of removal
- How quickly any new refugee filings might be adjudicated given existing immigration case backlogs
Florida is home to over half of the affected population, and many TPS holders there are already in legal battles to remain in the United States following the revocation of their status.
How Noem described the pathway forward
Noem presented refugee status as an alternative pathway for Venezuelans who previously relied on TPS, emphasizing case-by-case adjudication rather than a countrywide designation.
“Every individual that was under TPS has the opportunity to apply for refugee status,” she said.
DHS did not provide step-by-step instructions during the interview, and Noem’s remarks did not describe how applications would be processed for Venezuelans already in the United States.
Practical questions about filings and procedures
The discussion about a refugee pathway has intersected with technical questions, including:
- Which forms and procedures apply depending on whether a person is inside or outside the United States.
- How existing USCIS backlogs and adjudication timelines could affect Venezuelans filing for refugee status.
- How Venezuelans who previously relied on TPS-based documentation will demonstrate lawful presence or work authorization when applying for different forms of relief.
USCIS maintains a Venezuela TPS page with updates and filing instructions at USCIS Venezuela TPS page.
DHS also posts updates through its newsroom at DHS press releases.
Context: geopolitics and reported events
The policy shift also followed major geopolitical developments tied to Venezuela, including reports that U.S. forces captured and removed Nicolás Maduro on January 3, 2026. Noem tied immigration decisions to broader U.S. priorities in the region, such as stopping drug trafficking and preventing terrorists from entering the country.
Litigation specifics and uneven timelines
The litigation NTPSA v. Noem became a central route for TPS holders seeking more time. The Supreme Court ruling in October 2025 changed the legal landscape by allowing the terminations to proceed.
A district court order preserved certain 2023 designation documents through October 2, 2026 only for those who re-registered before February 5, 2025, creating different timelines for different groups of Venezuelans.
The end of benefits for the 2021 designation on November 7, 2025 left many Venezuelans in a different position than those covered by the later 2023 designation and its district court-ordered extension.
What Noem did not announce
- Noem did not announce new dates beyond existing deadlines.
- She did not announce a new designation, extension, or replacement program during her Fox News Sunday appearance.
- DHS did not provide detailed processing instructions or a formal administrative pathway during the interview.
Takeaways
- The administration’s approach reflects a move away from countrywide TPS designations toward individual determinations (refugee adjudication).
- Venezuelans previously under TPS are being directed away from TPS and toward refugee status, which requires individual eligibility.
- Immediate concerns remain about work authorization expirations, legal status, and how quickly USCIS and other agencies would process new filings.
“We need to make sure that our programs actually mean something, and that we’re following the law,” Noem said.
Secretary Kristi Noem announced that Venezuelans whose TPS was revoked can now seek refugee status. This policy shift follows the 2025 expiration of broad protections for 600,000 Venezuelans. The administration emphasizes individual eligibility over blanket country designations, citing improved conditions in Venezuela and national security priorities. Legal complexities remain regarding whether applicants must be inside or outside the U.S. to transition between these specific legal statuses.
