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Presidential Memorandum

Deferred Enforced Departure for Certain Venezuelans

This memorandum grants 18-month Deferred Enforced Departure (DED) to Venezuelan nationals present in the U.S. as of January 20, 2021, shielding them from removal due to Venezuela's humanitarian crisis and national security threat. It directs DHS to authorize employment for covered individuals and excludes those with certain criminal records, security concerns, or prior deportations.

Federal Register Open PDF 86 FR 6845

Impact dates

  1. 18-month deferral period expires

  2. Eligibility cutoff date for presence in the United States

Key directives

  • Defer for 18 months the removal of Venezuelan nationals present in the U.S. as of January 20, 2021
  • Authorize employment for aliens whose removal has been deferred for the duration of such deferral
  • Publish this memorandum in the Federal Register

Who is ordered

Timeline

Immediate

  • DED takes effect for eligible Venezuelans present as of January 20, 2021

Near term (90d)

  • DHS to publish memorandum in Federal Register
  • DHS to implement employment authorization procedures

Long term

  • 18-month deferral period expires around July 20, 2022 unless extended

Risks & tensions

  • Last-day action by outgoing administration; vulnerable to reversal by successor
  • DED is discretionary presidential authority, not statutory protection, making it inherently unstable
  • Employment authorization implementation lag may create practical gaps for beneficiaries
  • Overlap/conflict with potential TPS or asylum pathways not addressed
Presidential Memorandum: Deferred Enforced Departure for Certain Venezuelans · Executive Orders