DHS Acknowledges Venezuelans Who Lost TPS Don’t Qualify for Refugee Status

Homeland Security Secretary Kristi Noem said Sunday that Venezuelans who lost temporary protection from deportation could apply to gain refugee status, a path the agency she oversees has since acknowledged isn’t possible.

Following the U.S. capture of Venezuelan leader Nicolás Maduro, Noem said in an interview with Fox News that Venezuela was freer after his removal.

As for the more than 600,000 Venezuelans in the U.S. who are at risk of deportation after Noem ended their Temporary Protected Status designation last year, “every individual that was under TPS has the opportunity to apply for refugee status, and that evaluation will go forward,” the secretary said.

However, only people living outside of the U.S. can apply for refugee status, which the Department of Homeland Security acknowledged in response to questions about Noem’s Sunday statements. In late October, the Trump administration slashed refugee admissions to a 7,500 annual cap and gave preference to white South Africans for those spots.

“Applicants are only eligible for refugee status prior to entering the country,” a DHS spokesperson wrote in a statement Monday, adding, “Secretary Noem ended Temporary Protected Status for more than 500,000 Venezuelans and now they can go home to a country that they love.”

Venezuelans are currently limited from asylum as well: U.S. Immigration and Citizenship Services has put on hold all applications for legal status for immigrants from 39 countries, including Venezuela.

USCIS policy has not changed, spokesperson Matthew Tragesser told NOTUS on Monday.

“USCIS encourages all Venezuelans unlawfully in the U.S. to use the CBP Home app for help with a safe and orderly return to their country,” he wrote.

This article has been updated with a comment from USCIS.