On his last day in office, Former President Donald Trump issued a Memorandum deferring the removal of Venezuelans currently residing in the United States without immigration status. The details of the memo have been archived and can be viewed by visiting the following link.
While Deferred Enforced Departure (DED) would allow immigrants to remain in the United States, it does not provide the same benefits as Temporary Protected Status (TPS). Generally, DED is granted by executive order or by a presidential memorandum as opposed to TPS which is passed by statute. DED lacks the procedural safeguards of TPS as it can be revoked at any time by any sitting President.
Luckily, the Venezuela Temporary Protected Status Act of 2021 has been introduced with the hope of providing TPS to Venezuelans currently residing in the United States. While it may seem unnecessary for TPS to be passed with the former President having introduced DED on his last day in office, the Biden Administration’s Immigration Reform Bill sheds greater light as to why a TPS designation for Venezuelans would be far more beneficial.
The Biden Administration has indicated that its proposed Immigration Reform Bill will offer a pathway for TPS holders to immediately obtain Lawful Permanent Resident Status (Green Card) and eventually Citizenship for those who have received TPS. Should Biden’s Immigration Reform Bill pass, it is clear that TPS for Venezuelans would be more advantageous than DED as it could enable Venezuelans to obtain Lawful Permanent Resident Status (Green Card) in the United States should the Immigration Reform Bill pass.
For any questions relating to DED, TPS, or any other immigration benefit you may qualify for, contact Tourzani Law Group, LLC (201) 987-0036 to schedule a consultation today.