Kristi Noem says TPS holders from Venezuela could pursue refugee status

Kristi Noem said TPS holders from Venezuela were eligible for asylum or refugee review after US actions reshaped conditions back home
PUBLISHED JAN 5, 2026
Kristi Noem said Venezuelans under Temporary Protected Status were eligible to apply for refugee status (Getty Images)
Kristi Noem said Venezuelans under Temporary Protected Status were eligible to apply for refugee status (Getty Images)


WASHINGTON, DC: US Homeland Security Secretary Kristi Noem said Venezuelans currently living in the United States under Temporary Protected Status could apply for asylum or pursue refugee status, opening a new legal pathway after TPS protections were rolled back earlier this year.

The announcement followed recent US military action in Venezuela that led to the capture of President Nicolas Maduro and his wife, Cilia Flores, who were taken into US custody. The shift has renewed uncertainty for hundreds of thousands of Venezuelan migrants whose legal status has been in flux.

Kristi Noem outlines refugee option for Venezuelan TPS holders

Homeland Security Secretary Kristi Noem speaks at the Conservative Political Action Conference, CPAC, on May 27, 2025 in Rzeszów, Poland. (Photo by Alex Brandon-Pool/Getty Images)
Kristi Noem spoke at the Conservative Political Action Conference in Rzeszów, Poland on May 27, 2025 (Alex Brandon-Pool/Getty Images)

“Every individual that was under TPS has the opportunity to apply for refugee status, and that evaluation will go forward,” Noem told host Gillian Turner during an appearance on Fox News Sunday on January 4.

Earlier this year, Noem ended Temporary Protected Status for an estimated 600,000 Venezuelans who had received the designation under the Biden administration. The decision meant many migrants faced the risk of losing work authorization and protection from deportation unless another legal option became available.

TPS allows individuals from countries facing armed conflict, natural disasters, or extraordinary conditions to remain temporarily in the United States. Refugee status and asylum, however, involve a more extensive legal review and can provide longer-term protections if approved.

Venezuelan migrants react to Nicolas Maduro’s capture

Nicolas Maduro on board the USS Iwo Jima. (Trump Truth Social)
Nicolas was shown aboard the USS Iwo Jima after being taken into US custody (@realDonaldTrump/Truth Social)

Following news that Nicolas Maduro and Cilia Flores were captured by US forces on Saturday, January 3, Venezuelan migrants in South Florida gathered in the streets to celebrate what many viewed as a turning point for their country.

President Donald Trump said the United States would oversee Venezuela during a transition period. “We will run [Venezuela] until such time as we can do a safe, proper and judicious transition,” Trump told reporters, adding that American oil companies would help repair the country’s petroleum infrastructure.

Despite the celebrations, questions remained about Venezuela’s long-term political future. The country holds the largest proven oil reserves in the world, but years of sanctions, corruption, and economic collapse have left its infrastructure severely damaged.

US warnings to Maduro loyalists and interim leadership

KUALA LUMPUR, MALAYSIA - OCTOBER 26: U.S. President Donald Trump holds a bilateral meeting with Brazil's President Luiz Inácio Lula da Silva (not in frame) at Kuala Lumpur Convention Centre on October 26, 2025 in Kuala Lumpur, Malaysia. Trump is in Malaysia for the Association of Southeast Asian Nations (ASEAN) summit, and will next travel to Japan, en route to South Korea for the Asia-Pacific Economic Cooperation (APEC) forum. (Photo by Andrew Harnik/Getty Images)
Donald Trump met with Brazilian President Luiz Inácio Lula da Silva during the ASEAN summit in Kuala Lumpur (Andrew Harnik/Getty Images)

In a televised address on Saturday, Venezuelan Vice President Delcy Rodríguez rejected the US action, insisting that “there is only one president in Venezuela and his name is Nicolas Maduro Moros.”

Trump later said Secretary of State Marco Rubio had spoken with Rodríguez following Maduro’s capture. In an interview with The Atlantic, Trump warned that if Rodríguez failed to cooperate, she would “pay a very big price, probably bigger than Maduro.”

On Sunday, Rubio told NBC’s 'Meet the Press' that the United States needed to address drug trafficking, criminal gangs, and sanctioned oil exports before allowing a new Venezuelan leadership to take control.

“We don’t want to be involved with having somebody else get in, and we have the same situation that we had for the last long period of years,” Trump said.

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