In the waning days of the Biden Administration, DHS extended Temporary Protected Status (“TPS”) for Venezuelans until October 2026. Last week, the Trump Administration rescinded that decision. As a result, hundreds of thousands of people from Venezuela are set to lose status over the next several months.

For Venezuelans–and people from other countries who may lose TPS–what are the options?

Before we get to that, I should note that ending TPS is not necessarily a done deal. Last time the Trump Administration tried to end TPS, lawsuits from various organizations delayed the effort until President Biden took office and reversed Mr. Trump’s policies. Whether similar efforts could delay the end of TPS now, with a more compliant Supreme Court and a more concerted effort from the new Administration, I do not know. But certainly, I would expect advocates to challenge President Trump’s directive. 

Since we don’t know what will happen, TPS people would be wise to consider their options. These could include claims to U.S. citizenship, Cancellation of Removal, Adjustment of Status based on a family relationship or a job, and status based on being a victim of a crime or human trafficking. Each case is different and it would be worthwhile to talk to a lawyer about the possibilities (if you cannot afford a lawyer, there are free services that might be able to assist).

For many TPS recipients, the only viable option may be asylum. By definition, people with TPS come from troubled countries, but to qualify for asylum, coming from a troubled country in-and-of itself is not enough.

To win asylum, an applicant must demonstrate that she faces a well-founded fear of persecution on account of her race, religion, nationality, political opinion or particular social group. If you fear return because your country is generally crime-ridden or war-torn, that is probably not enough to win an asylum case. You need to show a specific threat based on a protected ground (I’ve written more about this here).

Most of the “protected grounds” are pretty obvious. If someone in your country wants to harm you because they do not like your religion or race or political opinion, that is easy to understand. But what is a “particular social group”? The law defining particular social group or PSG is complex and often inconsistent. Some common PSGs include members of a family or tribal group, LGBT individuals, victims of FGM (female genital mutilation), women who fear FGM, and people who are HIV positive. There are many other potential PSGs, including some that might be relevant to TPS recipients, such as “perceived wealthy individuals returning from abroad,” “Westernized person” or “perceived Americans.” If you think that you would face harm on account of a PSG, talk to a lawyer to help determine whether you might be eligible for asylum on that basis. 

To win asylum, you also need to show that your home government or someone who the government is unable or unwilling to control wants to “persecute” you on account of a protected ground. The term “persecution” usually means physical harm, but it could be threats, mental harm or even economic harm. Sometimes, several smaller harms combined together might be considered persecution. If you have been harmed or threatened in the past, that might be enough to qualify for asylum based on “past persecution.” If you have not been harmed in the past but fear future harm, that could also be a basis for asylum.

In addition, an asylum applicant must show that he filed for asylum within one year of entering the United States or that he meets an exception to this rule. That could be a problem for TPS recipients, since many have been in the U.S. for years. Applicants who did not file within a year and who do not meet an exception to the one-year rule would not be eligible for asylum. However, they may still qualify for lesser forms of protection, such as Withholding of Removal or Torture Convention relief.

One piece of good news is that TPS status is generally considered an exception to the one-year asylum filing deadline. See 8 C.F.R. § 208.4(a)(5)(iv). This means that it is important to apply for asylum before your TPS expires or as soon as possible after TPS ends. Otherwise, you may not qualify for an exception to the one-year asylum filing rule.  

Another possible exception to the one-year rule is “changed circumstances.” Maybe it was safe for you in your country, but then something changed, and now it is unsafe. If that happens, you need to file within a “reasonable time” after the change–hopefully, within a month or two. If you wait too long, your application could still be considered late.

For TPS recipients, asylum is often a last-ditch effort to stay in the U.S., and it may be difficult to win such a case. However, there are some advantages to seeking asylum. First, anyone is eligible to apply for asylum under the law. Because it is a law, asylum cannot be eliminated without Congressional action. So asylum should remain an option for the foreseeable future. Second, as things stand now, applicants can apply for a work permit 150 days after they file for asylum. Finally, the asylum process is usually slow, and so if you are trying to delay your deportation for as long as possible, asylum might do the trick.

For anyone in danger of losing TPS (meaning, anyone who currently has TPS), it is important to make a back-up plan now. Talk to a lawyer or a non-profit organization about your situation to learn your options. With a hostile Administration looking to deport as many people as possible, non-citizens must use all the tools at their disposal to protect themselves–including asylum.