On his last full day in office, President Trump issued a memorandum granting Deferred Enforcement Departure (DED) for Venezuelans who were present in the U.S. on January 20, 2021. Any Venezuelan granted DED would be protected from removal for 18 months and would be able to obtain an employment authorization document during that period. President Trump’s order applies to Venezuelans here in the United States except those who:
(1) have voluntarily returned to Venezuela or 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 2 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) who are subject to extradition;
(7) whose presence in the United States the Secretary of Homeland Security has determined is not in the interest of the United States or presents 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 adverse foreign policy consequences for the United States.
To discuss the potential impact of the Deferred Enforcement Departure program on your case, please contact our office to set up a consultation with one of our attorneys.
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