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For now there is NO Protection for Venezuelans.
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WHAT DO YOU KNOW ABOUT DED?
A few hours after leaving the presidency of the United States, Donald Trump, signed a measure to postpone the deportation of Venezuelans who are in the United States, and who have not obtained political asylum or legal status. This is the “DED” order that will be valid for 18 months. Given the wave of information and some contradictions, it seemed sensible to clarify some doubts about this measure that could benefit more than 150 thousand Venezuelans.
What is DED?
According to what is subscribed to on the UCSIS (United States Immigration Services) page, Persons covered by DED would not be subject to expulsion for a designated period of time. It literally means: "Deferred Forced Departure". In short, they CANNOT be deported.
Who are benefited?
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All those Venezuelans who are in the territory of the United States by January 20, 2021 and who do not have a legal immigration status. However, not everyone can be benefited. The measure has some exceptions, the document establishes that those who:
Venezuelans outside the United States.
Those who have been convicted of any felony or two or more misdemeanors.
Those who have been deported before January 20, 2021.
Those who, according to the Secretary of Homeland Security, represent a danger to public safety.
Who, according to the Secretary of State, may bring adverse and / or serious consequences to the foreign policy of the United States.
Subject to extradition.
Can DED recipients work legally?
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YES. On the UCSIS page, it is noted that people can also request employment authorization, if it is provided as a DED benefit and the decree contemplates it. So, Venezuelans who join the DED will be able to have a temporary work permit (18 months). Additionally, employees do NOT have to present proof that they are nationals of a designated country.
What must be done to obtain a work permit?
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It must be remembered that you must first adhere to the DED measure and the mechanisms for formal application have not yet been established, through UCSIS (Immigration Service)
The ideal is to seek legal advice, however, the immigration page states that all those who want to obtain a work permit must complete Form I-9. This form can be downloaded online, as well as the steps to follow.
If you are in the country as a tourist, can you adhere to the measure?
The order is for those who are "out of status" or who have not been assigned political asylum. If you are in the United States, under any legal status allowed by immigration (tourist, work, student) you cannot qualify for this benefit, while said status is in force. That information appears on I-94 or on your passport stamp when you entered the USA.
Is it a protective measure?
DO NOT. Donald Trump's decree is not a temporary protection. It is not the famous TPS, although many insist that it can pave the way to that measure. For now, Venezuelans covered by the deportation moratorium will not have the benefits that temporary protected status implies.
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What is the Difference between DED and TPS?
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Both DED and TPS are similar in some ways, but different in others. DED offers protection against deportation, granted by the president. TPS is a temporary immigration benefit granted by the Secretary of Homeland Security to persons from designated countries. Eventually, it can lead to permanent residence.
Immigration experts have called the measure a positive step and a relief for the Venezuelan community in the United States, but this DED must be implemented by the Biden administration, who in the campaign promised the Temporary Protection measure for Venezuelans. (TPS)
Meanwhile, Carlos Vecchio, Juan Guaido's ambassador to the United States and recognized by the Trump administration and invited by Biden to take office; declared that "They are positive measures that are going to impact Venezuelans," and also expressed
that his team has already contacted the Biden administration to see how they implement the Trump decree.
Now, DED is considered a period of authorized stay in the US, but it is not about maintaining a legal status, such as the holder of a visa. Those who wish to adhere to this mechanism should take this into account.
For now, the DED could benefit more than 150 thousand Venezuelans, but the best advice is to seek legal assistance during this process that, although for many it would be a solution, there would still be a long way to go for an eventual approval of the TPS, which if it could give Venezuelans greater security on this arduous path towards the "American dream."