H.R.3310 - Venezuela TPS Act of 2025 (119th Congress)
Summary
H.R.3310, the Venezuela TPS Act of 2025, seeks to designate Venezuela under section 244 of the Immigration and Nationality Act, thereby allowing Venezuelan nationals to be eligible for Temporary Protected Status (TPS). The bill outlines eligibility criteria, including continuous physical presence in the U.S. since the enactment date, admissibility as an immigrant, and registration with the Department of Homeland Security.
The designation would be for an initial period of 18 months. The Secretary of Homeland Security is authorized to grant permission for TPS recipients to travel abroad under emergency circumstances and to charge a $360 fee for applications, with a waiver option.
The bill also addresses budgetary considerations, requiring that the budgetary effects be determined by reference to a statement submitted by the Chairman of the House Budget Committee.
Expected Effects
If enacted, this bill would grant temporary protected status to eligible Venezuelan nationals residing in the United States. This would allow them to live and work legally in the U.S. for the designated period.
The bill could also have budgetary implications, depending on the number of applicants and the costs associated with processing applications and providing related services. The bill also allows for travel abroad in emergency situations.
Potential Benefits
- Provides temporary legal status and work authorization to eligible Venezuelan nationals already in the U.S.
- Offers protection from deportation for those who qualify.
- Allows beneficiaries to travel abroad in emergency situations with prior authorization.
- Could potentially reduce the number of undocumented immigrants in the U.S.
- Aligns U.S. immigration policy with humanitarian concerns regarding the situation in Venezuela.
Potential Disadvantages
- Could strain resources at the Department of Homeland Security due to increased application processing.
- May create a pathway for long-term residency, even though TPS is intended to be temporary.
- Could incentivize further migration from Venezuela.
- Poses potential costs to taxpayers for processing applications and providing services.
- May face legal challenges regarding the scope and duration of the designation.
Constitutional Alignment
The bill appears to align with the constitutional power of Congress to establish immigration laws and policies, as outlined in Article I, Section 8, Clause 4, which grants Congress the power to establish a uniform Rule of Naturalization. The bill does not appear to infringe on any specific constitutional rights or protections.
However, the implementation and enforcement of the TPS designation must adhere to due process requirements, as guaranteed by the Fifth Amendment. This includes ensuring fair and equitable application procedures and providing opportunities for appeal.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).