Venezuelans Protected from Removal/Deportation for 18 Months
Prior to leaving office President Donald J. Trump signed an order providing most Venezuelans in the United States Deferred Enforced Departure (“DED”) protection, a benefit that will protect many Venezuelans living in the United States from being removed, deported, or excluded from the United States.
The DED protection order signed by President Trump allows certain Venezuelans who are physically present in the United States as of January 20, 2021 to be protected from deportation/removal and allows them to apply for a work permit for up to 18 months, unless they:
- Voluntarily returned to Venezuela or country of last habitual residence outside the United States;
- Have not continuously resided in the United States since January 20, 2021;
- Are inadmissible under section 212(a)(3) of the Immigration and Nationality Act (“INA”) or removable under section 237(a)(4) of the iNA;
- Have been convicted of any felony or 2 or more misdemeanors committed in the United States under the criteria found in section 208(b)(2)(A) of the INA;
- Who were deported, excluded, or removed prior to January 20, 2021;
- Who are subject to extradition;
- Whose presence in the United States has been determined to be not in the interest of the United States or presents a danger to public safety as determined by the Secretary of the Department of Homeland Security; or
- Whose presence in the United States has reasonable grounds to believe would have potentially serious adverse foreign policy consequences for the United States.
Eligible Venezuelans will be protected from removal, deportation, or exclusion for 18 months following the date of the order (January 19, 2021) and will be eligible to obtain work authorization employment – also known as a work permit or “EAD” – during the time the protection remains in place.