Trump government

Rising Concerns as Venezuelans with TPS Face Unexpected Detentions in the US

Recent reports indicate a disturbing trend: hundreds of Venezuelan nationals, many of whom are beneficiaries of Temporary protected Status (TPS), are being detained across the United States. Lawyers and advocates have revealed to The New Herald that arrests have occurred in states including Florida, Arizona, Texas, Georgia, New York, New Jersey, Oklahoma, California, and pennsylvania over the past four months.

The detentions are particularly concerning as the majority of those affected fall within the group granted TPS in 2023. This group experienced a period of legal uncertainty between May 19th, when the Supreme Court allowed the Trump management to temporarily end the TPS programme, and September 5th, when a judge ruled in favor of extending protections untill October 2026.

Many of those now detained have held TPS status as 2021, consistently meeting re-registration requirements and possessing valid work permits. They have actively rebuilt their lives in the US, yet are now facing unexpected legal challenges.

The detainees entered the US through various means. while most crossed the border with Mexico between 2021 and 2023, some arrived legally via airports. Adding to the complexity, 27 of those detained are simultaneously pursuing other immigration pathways, including active asylum claims. One individual even has a pending request for permanent residency (a Green Card). Interviews with relatives of 30 TPS holders revealed that only one arrest occurred in Florida, with the individual being transferred to a detention center in Texas.

This 27-year-old man was apprehended during a routine immigration check in Tampa on September 5th – the very day the judge reaffirmed the extension of TPS protections. He is pursuing permanent residency through his American citizen mother’s application, filed in 2022, and also has a pending asylum case.

The case of Omar Vergara Flores, a 36-year-old Venezuelan architect and computer scientist, further illustrates the issue. Vergara was arrested during a routine immigration control in San Antonio in June, despite being employed by a US-based soup company. While an immigration judge initially denied his application, he is currently appealing the decision.

Vergara’s lawyer argues that the current government stance represents a notable departure from established legal precedent. “Now the Government states that anyone who has entered without inspection, even those like my client with TPS, who were allowed to remain in the United States, can be held prolonged, contrary to decades of precedents, potentially until their protection against deportation expires, at which time they could be deported,” the lawyer stated. “This is unfair and contrary to the established principles of due process.”

The Trump Administration’s Appeal

Adding to the uncertainty, the US government filed an appeal on September 6th challenging Judge Chen’s decision to block the Trump administration’s attempt to terminate TPS for Venezuelans and Haitians. The appeal requests a stay of the ruling while the Executive Branch considers appealing to the Ninth Circuit Court.

Despite the appeal, Venezuelan American Caucus Executive Director Adelyz Ferro remains cautiously optimistic. “Nothing has changed, but you must imagine what we expect from that first appeal. Even that of the ninth circuit,” she stated on the organization’s Instagram account. “But nothing has changed, the TPS is in force and the judge’s decision must be followed by the Department of National Security.”

Ferro emphasized the government’s right to appeal while maintaining a resolute outlook: “One day at a time, one battle at a time.“