“The fact that Maduro is in jail right now is not the fact that Venezuela is a safe place right now for Venezuelans,” said Morelis Diaz.
SAN ANTONIO — Venezuelans who fled their country and are seeking asylum in the United States are facing new uncertainty after recent comments from the U.S. Department of Homeland Security sparked confusion about their legal status.
During a Sunday appearance on Fox News, Homeland Security Secretary Kristi Noem said that individuals from Venezuela who were previously protected under Temporary Protected Status, or TPS, could apply for refugee status.
“So every individual that was under TPS has the opportunity to apply for refugee status, and that evaluation will go forward,” Noem said.
Soon after the interview aired, the Department of Homeland Security posted on X, appearing to walk back the remarks, adding to uncertainty among Venezuelan migrants and advocates.
Local immigration attorney Ofelia Delgado with the Delgado Law Firm PLLC said the comments caused confusion because U.S. law does not allow people already inside the country to apply for refugee status.
“Venezuelans are still at risk of being detained, put into proceedings, and deported back to their home country,” Delgado said.
Refugee status typically must be applied for while a person is outside the United States. Those already in the country may seek asylum but remain vulnerable while their cases are pending.
Delgado also cautioned against assumptions that conditions in Venezuela have improved. While Venezuelan President Nicolás Maduro has been arrested, she said that does not mean the country is now safe.
Temporary Protected Status is granted to nationals of countries experiencing armed conflict, natural disasters or other extraordinary conditions, like right now.
If reinstated for Venezuela, TPS would protect eligible individuals from deportation and allow them to work legally in the U.S., Delgado said.
“Temporary Protected Status is for countries that are designated by the Department of Homeland Security as being countries where nationals cannot go back,” she said.
Morelis Diaz, owner of Zulia’s Kitchen on San Antonio’s north side and a pending asylum seeker, agreed that Venezuela remains unsafe under the Maduro regime.
“Absolutely not,” Diaz said. “The fact that Maduro is in jail right now is not the fact that Venezuela is a safe place right now for Venezuelans, or at least the people that suffered from persecution.”
Diaz said she hopes TPS will be reinstated but said she respects the decision of the U.S. government.
“I beg for a status for us that protects us for more time,” she said.
With shifting statements and uncertainty around immigration policy, Delgado urged Venezuelans to seek legal help.
“Don’t stay in the shadows,” she said. “Don’t be so afraid that you don’t seek some kind of legal counsel, right because at the end of the day you may have relief when you didn’t think you had it, and not only based on country conditions.”