Deferred Enforced Departure for Certain Venezuelans

On January 19, 2021, former President Trump signed an Executive Order regarding Deferred Enforced Departure (DED) for Certain Venezuelans (https://www.federalregister.gov/documents/2021/01/25/2021-01718/deferred-enforced-departure-for-certain-venezuelans). This order defers the removal of any Venezuelan national or stateless person last residing in Venezuela from the United States for 18 months. This order only applies to people who were already in the United States as of January 20, 2021. Since DED is conferred automatically, people seeking to benefit from this order do not need to apply for DED. 

However, this memorandum also extends work authorization for anyone granted DED. But the work authorization is not granted automatically. The Secretary of Homeland Security determines the application process for work authorization. The Secretary has not yet issued any memorandums outlining the instructions for applying for extended work authorization under this Executive Order. 

This order provides the following exceptions to people excluded from DED: those who have voluntarily left the United States; those who have not continuously resided in the United States since January 20, 2021; those who are inadmissible or subject to removal under existing laws; those who have been convicted of any felony or 2 or more misdemeanors committed in the United States; those who  have been deported or removed before January 20, 2021; those who are subject to extradition; and those who the Secretary of Homeland Security determines are a threat to public safety or reasonably believes will have negative effects on the foreign policy of the United States.

If you have any questions regarding this post, please do not hesitate to contact our Sacramento immigration lawyer.