Important legal update for the Venezuelan community
Recent policy shifts in Venezuela are changing the landscape of U.S. immigration, creating new challenges for those on the path to citizenship, seeking asylum, or interacting with immigration agencies.
We are here to help you understand these changes and access the support you need.
At CLIA, we recognize the high level of concern following the capture of Nicolás Maduro by U.S. forces and the following shifts in U.S. immigration policy. Our focus is not on offering political opinions or commentary on the events unfolding within Venezuela, but rather on sharing factual information regarding what these developments mean for our Venezuelan clients and anyone in the U.S. seeking asylum. While the arrest of a leader is a significant political shift, the situation inside Venezuela remains highly unstable.
For those currently in the United States, the legal landscape is vastly uncertain following the termination of Temporary Protected Status (TPS), which stripped hundreds of thousands of Venezuelans of work permits and deportation protections. Recent statements from the Department of Homeland Security suggesting that former TPS holders can apply for "refugee status" have caused widespread confusion. It is a critical legal fact that refugee status must generally be applied for from outside the United States, whereas individuals already within the country must pursue asylum. Additionally, the refugee cap for fiscal year 2026 has been set at a historically low 7,500 individuals, adding further hurdles for those seeking protection.
Asylum seekers now face the specific challenge that the U.S. government may now argue that persecution claims are invalid because Maduro is no longer in power, even though conditions on the ground remain dangerous. While the administration has recently suspended decision making on immigration processing for Venezuelan citizens, leaving many in a "legal limbo," it has been confirmed that deportation flights to Venezuela have not been suspended. There is also ongoing discussion regarding the potential use of the Alien Enemies Act, an 18th-century law, to facilitate mass deportations, though experts note this would typically require a formal declaration of war.
Because the situation is changing rapidly, we strongly urge our neighbors not to rely on social media, viral videos, or rumors for legal guidance. Relying on incorrect information is a serious risk, as missing a single court date or ICE check-in can lead to an immediate deportation order, regardless of the political situation abroad. We encourage anyone concerned about their status to seek professional legal counsel to navigate these status changes.
