New migration enforcement process for Venezuelans seeking to live and work in the US

New migration enforcement process for Venezuelans seeking to live and work in the US

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On October 12, 2022, the Department of Homeland Security, DHS, announced that they would be joining actions with Mexico to reduce the number of people arriving at the US Southwest border. Those who enter the country illegally will be returned to Mexico.

The goal of these actions, as indicated by the DHS, is not only to reduce the number of people who arrive at this border but also to “create a more orderly and safe process for people fleeing the humanitarian and economic crisis in Venezuela,” as they indicated in their website.

An increase in the number of Venezuelans attempting to cross the border compared to 2021

According to information from the DHS, 2022 has seen almost four times as many Venezuelans as last year attempting to cross the southern border through Mexico, most of them placing their lives in the hands of smuggling organizations.

On the other hand, migration from northern Central America dropped by a quarter compared to 2021.

Effective immediately

These actions took effect immediately on October 12. Since then, Venezuelans who have tried to enter the United States illegally through any of the ports of entry have been returned to Mexico.

In addition, both countries are coordinating efforts to track down and dissolve human smuggling organizations and bring them to justice. Therefore, new migration checkpoints, additional resources, and personnel will be included in the operation.

Migration through the Darién Gap

The Darién Gap is the only overland path connecting Central and South America, and this year, thousands of migrants have used this route to migrate from South to Central America. Venezuelans have become one of the largest groups.

“To the south, Venezuela, under an authoritarian government, has become a broken country, fueling a massive exodus of people seeking to feed their families. More than 6.8 million Venezuelans have left since 2015, according to the United Nations, mostly for other South American nations,” reads an article in the New York Times.

In this information supplied by the DHS, they indicate that the US plans to offer additional security assistance to support regional partners in addressing the migration challenges presented in the Darién Gap.

24,000 Venezuelans will be allowed into the United States

Alongside the efforts of reducing the irregular migration of Venezuelans is also a process to lawfully and safely bring up to 24,000 qualifying Venezuelans into the United States.

“Lawful entry is the only way,” said Secretary of Homeland Security Alejandro N. Mayorkas. He added that everyone who follows the lawful process would have the opportunity to travel safely to the United States and become eligible to work there.

To be eligible, Venezuelans must:

• have a supporter in the United States who will provide financial and other support;
• pass rigorous biometric and biographic national security and public safety screening and vetting; and
• complete vaccinations and other public health requirements.

Venezuelans are ineligible if they:

• have been ordered removed from the United States in the previous five years;
• have crossed without authorization between ports of entry after the date of the announcement;
• have irregularly entered Mexico or Panama after the date of the announcement, or are a permanent resident or dual national of any country other than Venezuela, or currently hold refugee status in any country; or
• have not completed vaccinations and other public health requirements.

“Venezuelans approved via this process will be authorized on a case-by-case basis to travel to the United States by air directly to an interior port of entry, thus relieving pressure at the border. Once in the United States, they will be eligible to apply for work authorization”, the DHS explained.

Who can support a potential beneficiary from Venezuela?

Any US-based individual with lawful status, including business representatives and other organization entities, can support beneficiaries from Venezuela.

The supporter must prove that they have the means to provide financial and other support for the beneficiary. The first step is for the U.S.-based supporter to file a Form I-134, Declaration of Financial Support, with USCIS for each Venezuelan national or immediate family member they seek to support, including minor children. The US government will then vet the supporter to ensure that they are able to financially support the Venezuelan nationals they agree to support.

To find out more about the process, this section has been created on the DHS website: https://www.uscis.gov/venezuela.

If you need guidance or have any questions about your status in the United States or your migration process, please contact us at Kannan Law; we are immigration attorneys in San Diego, California.