NIJC offers guidance regarding people’s rights under current U.S. laws
Chicago (January 6, 2026) — On January 3, 2026, the Trump administration carried out an operation to remove Venezuelan President Nicolas Maduro from the country and bring him to the U.S. to face indictment. Aside from the many foreign and domestic policy implications at play, this action propels the nation of Venezuela and Venezuelan immigrants and asylum seekers into uncertainty.
The National Immigrant Justice Center (NIJC) has provided immigration legal services to hundreds of Venezuelans who have come to the Chicago area since 2022, when the governor of Texas began transporting people here from the U.S.-Mexico border. NIJC Executive Director Mary Meg McCarthy offered the following statement:
“We do not know what the future holds for the Venezuelan people, including those who have sought protection in the United States and elsewhere in recent years. Along with Venezuelan immigrants and asylum seekers, NIJC and other immigrant rights advocates are trying to gauge what this news means for their access to protection in the United States. It is apparent that the U.S. government has no plan to ensure human rights protections for Venezuelans who will be directly impacted by the fallout of the Trump administration’s removal of President Maduro. However, U.S. laws are clear: the resulting chaos and Venezuela’s governmental instability should strengthen existing claims for protection, despite the Trump administration’s repeated attempts to railroad people’s access to asylum and other legal status. We encourage Venezuelans in the United States to seek the advice of counsel and pursue their lawful right to protection under our laws.”
While we currently have more questions than answers about the impact of these recent events for Venezuelans and their loved ones in the United States, the following Frequently Asked Questions (FAQ) provides some basic guidance regarding people’s rights under current U.S. laws.
Given the complexity of this situation, NIJC recommends that asylum seekers and immigrants seek the advice of qualified immigration counsel wherever possible. NIJC provides free or low-cost legal consultations and representation for immigrants in Illinois and Indiana. People outside this region can call the American Immigration Lawyers Association at 1-800-954-0254 for attorney referrals, or visit the Immigration Advocates Network’s National Immigration Legal Services Directory.
What do the events mean for Venezuelans with pending immigration cases in the United States?
It is still unclear how these events will impact individuals with pending court hearings or interviews. The asylum laws of the United States have not changed, but real or perceived changes in country conditions and/or the ability to access government protection in Venezuela could affect asylum eligibility. Each Venezuelan national is entitled to an individualized review of their claims for protection. Given the shifting landscape, NIJC encourages individuals to seek the advice of legal counsel wherever possible. People in court proceedings before the Chicago or Indianapolis Immigration Courts who need asylum support may call NIJC’s Immigration Court Helpline at 312-660-1328.
Would the current situation make Venezuelan nationals in the United States eligible for Temporary Protected Status (TPS)?
Unfortunately, no. It is true that Congress created TPS to provide relief for individuals whose governments face escalating political and humanitarian crisis. However, the Trump administration already terminated TPS for Venezuelan nationals. Although this termination has been successfully challenged in court, the Supreme Court has allowed the Trump administration to maintain the TPS termination while pursuing appeal. That ruling has emboldened the administration’s systematic revocation of TPS for Venezuelans and other nationals. It is unlikely that the administration will change course.
Could Venezuelan nationals who fear persecution seek asylum protection in the United States?
Yes, individuals present in the United States can seek protection in the form of asylum. This may include individuals who have been in the United States for years, but who face new dangers as a result of governmental instability in Venezuela. Like TPS, the Trump administration has sought to end asylum access at our borders and in U.S. immigration courts, unlawfully sending hundreds of individuals to El Salvador or third nations in violation of U.S. and international laws. However, Executive Branch policies do not rewrite our laws passed by Congress, and individuals who fear persecution or torture have a right to seek protection and request to be screened for their fear of return.
What options are available for family members of Venezuelan nationals who are still in Venezuela?
Unfortunately, the Trump administration has terminated parole programs that allowed the safe migration of relatives and individuals from Venezuela and unlawfully subjected people who entered through that program to detention and deportation. There is currently no specific pathway for Venezuelan nationals. NIJC recommends that people who have questions about options for their family members in Venezuela consult with a qualified immigration practitioner.
Could Venezuelan immigrants be at risk of fraud or scams following the recent news?
Yes. Scammers and fraudulent practitioners often prey on vulnerable immigrants at times of crisis. Individuals should seek trustworthy and reliable advice from qualified immigration attorneys and accredited representatives. Read NIJC’s tips on how to avoid immigration fraud.