President Trump grants protection for Venezuelans before leaving office

It is no secret that the Venezuelan people have experienced a truly precarious existence under Nicolas Maduro’s regime. Almost five million Venezuelans have had to leave their country to seek opportunities and economic stability elsewhere due to current shortages in Venezuela. With this, we refer to shortages of medicine, food, basic services, employment, inter alia.

For the past several years, the Trump administration has expressed its intention to protect the Venezuelan people, but it had never been official. However, on January 19, 2021, just one day before president-elect (Joe Biden) takes office, President Donald Trump decided to defer the removal of Venezuelan citizens, who reside in the US without legal documentation, for 18 months.

President Trump released a memorandum on the official White House website called “Memorandum on Deferred Enforced Departure for Certain Venezuelans,” which details eligibility requirements for Venezuelan citizens to request international protection through this relief program.

In the memorandum, President Trump openly states: “The deteriorative condition within Venezuela, which presents an ongoing national security threat to the safety and well-being of the American people, warrants the deferral of the removal of Venezuelan nationals who are present in the United States.”

Adding to that, this news is extremely positive for eligible Venezuelans as they can also request an EAD (Employment Authorization Document), which allows them to work legally and access multiple social benefits.

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Removal relief programs

The US immigration system offers multiple alternatives for people in need of international protection. For instance, two fairly similar immigration programs that offer relief from deportation are :

1. TPS (Temporary Protected Status).
2. DED (Deferred Enforced Departure), formally known as EVD (Extended Voluntary Departure).

The only difference between these two programs is that TPS beneficiary countries are chosen by DHS (Department of Homeland Security), while DED designated countries are chosen by the President of the US, who has the constitutional power and right to protect citizens of certain regions from forced removal.

These immigration benefits are available to countries facing natural disasters, epidemics, civil war, or political conflict. Both the President and DHS decide to grant DED or TPS respectively depending on the situation of the beneficiary regions and the number of citizens from those countries residing in the US.

Thus, President Trump used his right to grant DED to eligible Venezuelan citizens and protect them from deportation for 18 months, with the possibility of extension. It is important to clarify that DED has been used only five times since 1990, which means that the Trump administration, like many governments around the world, considers the current situation in Venezuela quite alarming.

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What is the next step to follow to apply for this immigration benefit?

The steps to follow in order to apply for this relief program for Venezuelan citizens will be detailed once DHS publishes this rule in the Federal Register. Apart from that, the USCIS’ (US Citizenship and Immigration Services) official website will also have a section for Venezuelans covered and protected by this benefit.

We recommend for you to seek reliable help when submitting your documentation to avoid possible rejection by the USCIS. Adding to that, if you are eligible for this immigration benefit, you will also have the ability to apply for an employment permit, which requires a different process.

Therefore, it is better to have the constant accompaniment of experts, who are up to date with current immigration policies and can guide you towards the success of your application.

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If you have any questions about an immigration issue or relating to a case you may have currently in progress, then please don’t hesitate to contact us for a FREE Phone Consultation with one of our expert immigration attorneys.

Simply call Motion Law today at: (202) 918-1799.