PolicyBrief
H.R. 3310
119th CongressMay 8th 2025
Venezuela TPS Act of 2025
IN COMMITTEE

This Act designates Venezuela for Temporary Protected Status (TPS) for its nationals for an 18-month period, establishing eligibility requirements and a $360 application fee with a waiver option.

Darren Soto
D

Darren Soto

Representative

FL-9

LEGISLATION

Venezuela TPS Act Grants 18 Months of Protected Status to Nationals Present on Enactment Date

The “Venezuela TPS Act of 2025” is straightforward: it immediately designates Venezuela for Temporary Protected Status (TPS) under U.S. immigration law. This designation lasts for an initial 18-month period, offering a temporary legal lifeline for Venezuelan nationals already in the country. If you are a Venezuelan national, you qualify for this status provided you have been continuously physically present in the U.S. since the date the law is enacted, and you successfully apply to the Department of Homeland Security (DHS).

The 18-Month Clock: Who’s Covered and Who Isn’t

This bill essentially hits the ‘pause’ button on deportations and grants work authorization for a specific group of people. For eligible Venezuelan nationals, this means they can legally live and work in the U.S. for the next year and a half without fear of removal, a massive benefit for those trying to support themselves and their families. However, the bill draws a hard line on who qualifies: only those continuously present in the U.S. before the law is signed are eligible (SEC. 2). If someone arrives even a day later, they miss the boat entirely. This specific cut-off date is crucial for anyone trying to figure out their status under this new rule.

The Cost of Paperwork and the Travel Catch

Applying for TPS isn't free. DHS is authorized to charge a $360 fee for each application (SEC. 2). While that’s a significant chunk of change for many, the bill mandates that DHS must offer a fee waiver option for all applicants. This is a crucial provision that prevents financial barriers from blocking access to protection, though navigating the waiver paperwork itself can often be a headache. On the flip side, travel outside the U.S. while on TPS is heavily restricted. If you need to leave the country for any reason, you must first get permission from the Secretary of Homeland Security, and you have to prove “emergency or other unavoidable, extenuating circumstances” (SEC. 2). That wording is pretty vague and gives DHS a lot of discretion, which could lead to inconsistent decisions about what counts as a legitimate emergency.

What Happens After 18 Months?

The biggest challenge baked into this bill is its temporary nature. The designation is only for 18 months. While it provides immediate relief, it doesn't offer long-term stability. For the thousands of people who will rely on this status, the clock immediately starts ticking toward the expiration date. Congress or the administration will need to act again to extend the status, or else beneficiaries will find themselves back where they started. For employers hiring these individuals, this means the work authorization is temporary and subject to future political decisions. Finally, the bill includes procedural language (SEC. 3) that ensures its costs are calculated according to federal budgeting rules, essentially just ensuring the cost accounting is done correctly.