Deferred Enforced Departure for Certain Venezuelans

Memorandum of January 19, 2021

Deferred Enforced Departure for Certain
Venezuelans

Memorandum for the Secretary of State [and] the
Secretary of Homeland Security

The autocratic government of Nicolas Maduro has
consistently violated the sovereign freedoms possessed
by the Venezuelan people. Through force and fraud, the
Maduro regime is responsible for the worst humanitarian
crisis in the Western Hemisphere in recent memory. A
catastrophic economic crisis and shortages of basic
goods and medicine have forced about five million
Venezuelans to flee the country, often under dangerous
conditions.

This Administration has imposed sanctions against
Maduro and his regime, and I have recognized the
President of the Venezuelan National Assembly, Juan
Guaid[oacute], as the interim president of the country.
The deteriorative condition within Venezuela, which
presents an ongoing national security threat to the
safety and well-being of the American people, warrants
the deferral of the removal of Venezuelan nationals who
are present in the United States.

Pursuant to my constitutional authority to conduct the
foreign relations of the United States, I have
determined that it is in the foreign policy interest of
the United States to defer the removal of any national
of Venezuela, or alien without nationality who last
habitually resided in Venezuela, subject to the
conditions and exceptions provided below.

Accordingly, I hereby direct you to take appropriate
measures to defer for 18 months the removal of any
national of Venezuela, or alien without nationality who
last habitually resided in Venezuela, who is present in
the United States as of January 20, 2021, except for
aliens 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.

I further direct the Secretary of Homeland Security to
take appropriate measures to authorize employment for
aliens whose removal has been deferred, as provided by
this memorandum, for the duration of such deferral.

The Secretary of Homeland Security is authorized and
directed to publish this memorandum in the Federal
Register.

THE WHITE HOUSE,

Washington, January 19, 2021