Protections from Deportation

There has been a lot of recent news about Deferred Enforced Departure (DED) for Venezuelans and Liberians.  You may ask yourself: what is this all about? Short answer: this is a way for individuals to get an administrative stay of removal or deportation.

 

Some people may be here in the United States without any status and do not have a clear path to lawful status.  Some of these people however, may be able to have their deportation stopped, and in the process, may be granted work authorization.  This can happen in several ways, including in particular: Deferred Enforced Departure (DED), Temporary Protected Status (TPS) and Deferral of Removal. 

                                                                       

Deferred Enforced Departure:

 

DED is implemented by the President. He uses discretionary (instead of statutory) authority to make this designation.  Eligibility criteria for DED are country or region-specific areas set forth in the president’s directive together with any additional requirements issued by the Department of Homeland Security (DHS).  The duration of DED depends on each country’s or region’s designation.  Usually an initial time frame is established.  That time frame can then be extended.  The president’s directive can provide individuals with work authorization.  DED recipients cannot however, travel abroad without advance parole.

 

Recently, DED was issued for Venezuelans and reinstated for Liberians.  On January 19, 2021, President Trump issued a memorandum granting DED and work authorization to Venezuelans residing in the U.S. as of January 20, 2021 for a period of 18 months.  On January 20, 2021, President Joe Biden issued a proclamation reinstating DED and work authorization until June 30, 2022 for Liberians who had DED protection that expired on January 10, 2021.

 

Temporary Protected Status:

 

Like DED, TPS is valid for a specific time frame.  Unlike DED which is implemented by the President, TPS originates with the DHS Secretary and draws from statutory authority.  TPS is only country specific.  Designations are for a limited time but can be extended.  TPS includes work authorization with a limited expiration date that may be renewed if the TPS designation is extended. Travel abroad is only allowed with advance parole.

 

Currently, TPS has been designated for certain individuals from the following countries: El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria, and Yemen.

 

Deferred Action:

 

                        Deferred Action provides protection from deportation.  Eligibility is determined on an individual basis.  Like TPS and DED, Deferred Action is not permanent.  While it expires, there is usually an option for extension.  Work authorization is available for a limited time with the option for extension if Deferred Action is extended.  Travel abroad is not automatically allowed without advance parole. DACA is a type of Deferred Action.

 

 

For more information and updates about these, or if you need an Immigration Attorney, please contact Blaszkow Legal, PLLC at  (703) 879-5910.