Differences Between TPS and Asylum: What Venezuelans in the U.S. Need to Know

The recent decision by the U.S. Supreme Court regarding Temporary Protected Status (TPS) for Venezuelan nationals has sparked concern and uncertainty among thousands currently living in the country under this program. To better understand the impact of this ruling, it’s essential to distinguish between TPS and asylum—two legal protections available to migrants in vulnerable situations, but based on different foundations and requirements.

Also read: “Remittance Tax in the U.S.: Risks of Fraud, Crime, and Harm to Families”

What is TPS?

Temporary Protected Status (TPS) is an immigration benefit granted by the U.S. government to nationals of certain countries experiencing extraordinary conditions, such as armed conflicts, natural disasters, or humanitarian crises, that make return unsafe.

This status allows recipients to live legally in the U.S. for a designated period, obtain work permits, and be protected from deportation. However, TPS is a temporary measure, and its continuation depends on decisions made by the Department of Homeland Security (DHS), based on developments in the designated country.

In the case of Venezuela, TPS was first implemented in 2021 and extended in 2023. The recent Supreme Court ruling affects those who registered under the 2023 designation, effectively terminating their status and associated benefits. In contrast, those who enrolled in the 2021 program retain their valid permissions.

What is Asylum?

Asylum is a form of international protection granted to individuals who are fleeing persecution or have a well-founded fear of persecution in their home country due to race, religion, nationality, membership in a particular social group, or political opinion.

There are two types of asylum applications in the U.S.:

• Affirmative asylum: For individuals not currently in removal proceedings.
• Defensive asylum: For individuals already in removal proceedings who must present their case before an immigration judge.

Unlike TPS, asylum is not limited to citizens of specific countries and has no registration deadlines. It can be requested by anyone who meets the legal criteria established by U.S. immigration law and international treaties.

Key Differences Between TPS and Asylum

Aspect	TPS	Asylum
Legal Basis	U.S. domestic immigration policy (DHS)	International law
Duration	Temporary and renewable	Permanent, if approved
Country of Origin	Only designated countries	Any country
Grounds for Protection	General humanitarian crisis or disaster	Proven individual persecution
Path to Permanent Residency	No	Yes, after approval
Application Deadlines	Specific dates	Can apply at any time, though ideally within one year of entry
Processing Speed	Relatively fast	May take years
Employment Access	Yes, with temporary work permit	Yes, after initial approval

What Can Affected Venezuelans Do?

Venezuelans who registered for TPS in 2023 and are impacted by this court ruling may explore the option of applying for asylum if their individual circumstances meet the legal requirements. This step should be taken with caution, as it involves a complex legal process that requires supporting evidence and can take years to resolve.

Additionally, the U.S. government has yet to clarify how deportation cases will be handled for Venezuelans who lose TPS, so seeking specialized legal advice is strongly recommended.

Conclusion

While TPS and asylum both aim to protect vulnerable individuals, their legal, political, and practical differences are crucial in determining the immigration pathways available to those in the United States. In the current climate, being informed is key to making the right decisions.

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