Less than 24 hours after leaving office as President of the United States, Donald J. Trump ordered the Department of State and Department of Homeland Security (DHS) to suspend for 18 months the deportation of certain eligible Venezuelan citizens who are undocumented within the country beginning January 20, 2021.
The Memorandum on Deferred Enforced Departure for Certain Venezuelans cites the crisis in Venezuela as the basis for its order and stipulates the date and conditions under which eligibility for deferred deportation is determined.
Citing his constitutional authority to conduct foreign relations for his country, Trump says he has determined that "it is in the foreign policy interest of the United States to defer the removal of any citizen of Venezuela or non-citizen alien who last habitually resided in Venezuela."
During this period, persons in DED may not be removed from the United States and may apply for a work permit.
The U.S. Citizenship and Immigration Services (USCIS) will issue a notice in the Federal Register (Federal Register) in the future that will provide details on how to apply for a work permit.
President Trump's action will benefit approximately 72,000 Venezuelans.
What is it and how to obtain the Deferred Mandatory Departure (DED) for Venezuelans?
The President of the United States has the discretion to authorize DED under his constitutional authority to conduct foreign relations. Presidents of both political parties have employed DED when necessary.
DED does not grant nonimmigrant status, immigrant status or temporary protected status, nor does it grant U.S. citizenship. However, persons covered by this humanitarian immigration benefit cannot be removed from the United States during the period of DED protection.
President Trump announced his decision to grant DED to Venezuelan nationals in a Memorandum entitled "Deferred Enforced Departure for Certain Venezuelans". which is addressed to the U.S. Secretaries of State and Homeland Security.
According to the memorandum, the autocratic government of Nicolás Maduro has created a humanitarian crisis that has forced five million Venezuelans to flee the country, often in dangerous conditions.
President Trump's administration has imposed sanctions against the Maduro regime and recognized the President of Venezuela's National Assembly, Juan Guaidó, as the country's interim president.
Trump justified granting DED to certain Venezuelans in the United States to deteriorating conditions in Venezuela, which pose an ongoing threat to national security and the well-being of the American people.
Who is eligible for DED under President Trump's Memorandum on Venezuelans?
Venezuelan citizens, or aliens without nationality who have habitually resided in Venezuela, who are in the United States on or after January 20, 2021 and who have not committed certain acts will be covered by the DED.
Who no is eligible for DED under President Trump's Memorandum on Venezuelans?
The DED will not be available for foreigners who:
(1) have voluntarily returned to Venezuela or to their last country of habitual residence outside the United States;
(2) have not continuously resided in the United States since January 20, 2021;
(3) are inadmissible or subject to removal for reasons of national security, including terrorist activities;
(4) have been convicted of any felony or two or more misdemeanors committed in the United States;
(5) have persecuted any person on account of race, religion, nationality, membership of a particular social group or political opinion;
(6) have been convicted by a final judgment of a particularly serious crime that constitutes a danger to the community of the United States;
(7) have committed a serious nonpolitical felony outside the United States prior to the alien's arrival in the United States;
(8) were deported, excluded or removed from the United States, prior to January 20, 2021;
(9) are subject to extradition;
(10) whose presence in the United States has been determined by the Secretary of Homeland Security to not be in the interest of the United States or to present a danger to public safety; or
(11) whose presence in the United States the Secretary of State has reasonable cause to believe would have potentially serious foreign policy consequences for the United States.
How long will Venezuelans be protected by the DED?
DED will provide 18 months of protection to certain Venezuelan nationals, or aliens without nationality who have habitually resided in Venezuela, who are in the United States on or after January 20, 2021.
Can persons eligible for DED under the Trump Memorandum work legally in the United States?
Persons protected by the DED for Venezuelans may apply for an employment authorization with USCIS.
The federal government will issue a notice in the Federal Register in the future that will provide details on how to apply for a work permit. Applicants for work permits under the Venezuelan DED will have to submit evidence proving their identity, nationality, and presence in the United States beginning January 20, 2021.
Can Venezuelans protected by DED leave the United States and return to the country?
Persons protected by DED may apply for advance entry clearance with USCIS for travel outside the United States.
Venezuelans with DED who leave the United States without an advance entry permit are no longer eligible for DED, and will not be able to re-enter the country.
The determination of whether to grant early entry clearance is within the discretion of USCIS and is not guaranteed in all cases.
Can Venezuelans covered by the DED accumulate "unlawful presence"?
Eligible Venezuelans, or foreigners without nationality who have habitually resided in Venezuela, who are protected by the DED. no accrue "unlawful presence" for purposes of adjustment of status or other immigration benefits they may apply for during the period of time they are covered by DED.
If a person eligible for DED from Venezuela does not have a work permit to indicate such eligibility, how can he or she avoid removal from the United States?
DED status is automatic and an eligible Venezuelan, or foreigners without nationality who have habitually resided in Venezuela, need not apply for and obtain a work permit to benefit from DED protection.
U.S. Immigration and Customs Enforcement (ICE) will issue guidance to its attorneys, officers and agents to ensure that eligible Venezuelans, or aliens without nationality who have habitually resided in Venezuela, are not removed from the United States in violation of President Trump's Memorandum.
What will happen to Venezuelans who have asylum cases pending with USCIS or the immigration court?
Venezuelan asylum cases will continue to be processed by USCIS and the immigration court.
If USCIS or the immigration court approves the asylum applicationIf the applicant meets certain requirements, he or she may obtain permanent residency.
If USCIS denies the asylum case, it will refer the case to the immigration court for an immigration judge to review USCIS' decision. If the immigration judge denies the asylum case, he or she will issue an order of removal against the applicant which may be appealed to the Board of Immigration Appeals.
ICE may not remove persons protected by DED who have final orders of removal.
Memorandum on Mandatory Deferred Departure for Certain Venezuelans
Below you will find a Google translation of the Memorandum on Mandatory Deferred Departure for Certain Venezuelans issued by President Trump:
Foreign Policy : Issued on: January 19, 2021
MEMORANDUM TO THE SECRETARY OF STATE
THE SECRETARY OF HOMELAND SECURITY
TOPIC: Mandatory Deferred Departure for certain Venezuelans
The autocratic government of Nicolás Maduro has systematically violated the sovereign freedoms of the Venezuelan people. Through force and fraud, the Maduro regime is responsible for the worst humanitarian crisis in the Western Hemisphere in recent history. A catastrophic economic crisis and shortages of basic goods and medicines have forced some five million Venezuelans to flee the country, often in dangerous conditions.
This Administration has imposed sanctions against Maduro and his regime, and I have recognized the President of Venezuela's National Assembly, Juan Guaidó, as the country's interim president. Deteriorating conditions in Venezuela, which pose an ongoing threat to national security and the well-being of the American people, justify deferring the removal of Venezuelan nationals who are in the United States.
Pursuant to my constitutional authority to conduct the foreign relations of the United States, I have determined that it is in the foreign policy interest of the United States to defer the removal of any national of Venezuela, or alien without nationality who last habitually resided in Venezuela, subject to the conditions and exceptions set forth below.
Accordingly, I hereby direct you to take appropriate action to defer for 18 months the removal of any national of Venezuela, or alien without nationality who last habitually resided in Venezuela, who is in the United States on or after January 20, 2021, other than aliens who:
1) have voluntarily returned to Venezuela or to their country of last habitual residence outside the United States;
(2) have not continuously resided in the United States since January 20, 2021;
(3) are inadmissible under section 212(a)(3) of the Immigration and Nationality Act (INA) (8 U.S.C. 1182(a)(3)) or removable under section 237(a)(4) of the INA (8 U.S.C. 1227(a)(4));
(4) who have been convicted of any felony or two or more misdemeanors committed in the United States, or who meet the criteria set forth in section 208(b)(2)(A) of the INA (8 U.S.C. 1158(b)(2)(A));
(5) who were deported, excluded or removed, prior to January 20, 2021;
(6) that are subject to extradition;
(7) whose presence in the United States has been determined by the Secretary of Homeland Security to not be in the interest of the United States or to present a danger to public safety; or
8) whose presence in the United States the Secretary of State has reasonable grounds to believe would have potentially serious foreign policy consequences for the United States.
I further direct the Secretary of Homeland Security to take appropriate action to authorize the employment of aliens whose removal has been deferred, as provided in this memorandum, for the duration of such deferral.
The Secretary of Homeland Security is hereby authorized and directed to publish this memorandum in the Federal Register.
DONALD J. TRUMP
