November 1

Biden Administration Announcement for Venezuelan Migrant

the Biden administration announced new guidelines for Venezuelan migrants, under which some will have a pathway to temporary residence in the United States and others who crossed the border without authorization or proper support from U.S. relatives who can obtain funding will be sent back to Mexico.

Thousands of Venezuelans seeking asylum from political and economical turmoil are now being turned away at the US-Mexico border, leaving the asylum seeker no place to stay other than northern Mexico. This Announcement is part a plan from the Biden Administration that will allow up-to 24,000 thousand Venezuelans the right to temporarily work and live in the U.S. if they can find an American sponsors the rest of them will be denied to enter under a new deal just reached between U.S. & Mexico governments.

What are the Asylum Qualifications?

To be qualify for asylum, 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 not qualified 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 announcement;
  • have irregularly entered Mexico or Panama after the date of 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.

If you are a Venezuelan national, do not travel to Mexico in an attempt to enter the United States. Venezuelans who are approved through this process will be allowed to fly directly into an interior port of entry on a case-by-case basis. Once they arrive in the United States, they will be eligible to apply for work authorization.

“DHS will administer the process, working with communities and other partners. Any U.S.-based individual with lawful status, including representatives of businesses or other organizations or entities, can support a potential beneficiary from Venezuela. A supporter must prove that they have the means to provide financial and other support for the beneficiary. Individuals and representatives of organizations seeking to apply as a supporter must declare the organization’s financial support and they must pass security background checks to protect against exploitation and abuse.” – DHS & USCIS

Purpose & Meaning

According to the administration, the goal of the new policies is to “safely, humanely, and expeditiously” process Venezuelan migrants who are seeking asylum in the United States. Under the new guidelines, migrants who can demonstrate a credible fear of persecution if they were to return to Venezuela will be allowed to enter the United States and have their cases heard by an immigration judge. Those who cannot demonstrate a credible fear of persecution will be returned to Mexico.

The policies are a departure from those of the Trump administration, which placed strict limits on asylum seekers and required them to wait in Mexico for their cases to be heard. The Trump administration also implemented a “zero tolerance” policy that resulted in thousands of children being separated from their families at the U.S.-Mexico border. This somewhat good news for Venezuelans whom are now becoming the fastest growing nationality to migrate over.

Some Venezuelans migrants have already crossed over sought shelter for overcrowded in cities Texas and boarded buses by Republican Governors to Washington D.C., Chicago, and New York. While Republican Governor DeSantis boarded migrants to Martha’s Vineyard by two separate plane.

Migrant Allowance

Migration from Venezuela has increased year over year from 2014, since then around ~100-200 unique Venezuelan migrants have crossed over the border every month until 2019. In the late 2019 unique Venezuelan rate increase and doubled month to month.

This snowball effect led to over 35,000 unique Venezuelan migrates in the month of October. Which is more than the currently 24,000 allowed to seek temporary home if approved. This year nearly 8 Millions migrants have left Venezuelans have left their country to migrate north.

That accounts for more than 25% percent of the total populations of Venezuela. Most of these migrants are moving to Columbia totaling near up-to 2.4 millions, according to (DHS) Department of Homeland Security.

The Biden administration has not yet said how many Venezuelans will be allowed to enter the United States under the new policy, nor has it specified how long they will be allowed to stay. Some estimates are around 5,000 to 10,000 allowed however, officials have said that the number will be limited by the government’s ability to process asylum claims in a timely manner.

H-2A & Humanitarian Aid

The United States, in partnership with Mexico, also is committing to further expanding lawful labor pathways for Mexican and Northern Central American nationals. Last year, the United States doubled the number of H-2 visas issued to nationals of the Northern Central American countries like Guatemala, Honduras, and El Salvador. Including a set-aside of 20,000 to nationals of Northern Central American countries and Haiti. 

Approximately 90% of these visas have been used by Mexican nationals. This increase is coupled with strong measures to protect both U.S. and H-2B workers. Furthermore, the Biden-Harris Administration is ensuring ethical recruitment and dignified labor standards for foreign workers by launching a White House-led Worker Protection Task Force. By doing so, they are also protecting U.S. workers

The United States also is renewing its commitment to tackle the root causes of migration and support countries in the region that are most impacted by these flows. For that reason, the United States has announced $817 million aid package in new assistance under the Los Angeles Declaration on Migration and Protection.

This includes more than $240 million in new regional humanitarian and security assistance, $376 million in additional humanitarian assistance for people affected by the Venezuela regional crisis, and more than $199 million in additional humanitarian assistance for Mexico and Central America.

Conclusion

What we don’t want to see is a very narrow path for Venezuelans and that these changes require a migrant to be politically connected or to have already found or soon find a fiscal sponsor. These guideline changes would only allow for a select few migrants to apply for temporary stay and work. Leaving plenty of unallocated temporary visa from the 24,000 allowed.

The Biden administration’s new guidelines for Venezuelan migrants are a change from the stance of the previous administration. Under the new policies, migrants who can demonstrate a credible fear of persecution will be allowed to enter the United States and have their cases heard by an immigration judge. This is a much more humane approach that will hopefully lead to more successful outcomes for Venezuela migrants seeking asylum in the United States.


About the author: Jon Velie has practiced Immigration law since 1993. He is CEO of OnlineVisas

Jon is an Amazon number one best-selling author of H-1B Visa: Application & Approval, is regularly covered by major media and has won a number of international awards. Jon was also pivotal in the Cherokee Freedmen Supreme Court case.


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