Today, January 20, 2021, “Deferred Enforced Departure” or “DED” is now available for all citizens of Venezuela in the United States. Once it is ready, the order will will last for a period of 18 months. There are some exceptions, so not everyone will qualify.
A grant of “DED” results in two things:
(1) individuals who apply will be eligibe for employment authorization during the 18-month period. This is based on the language of 8 CFR 274a.12(a)(11):
(2) eligible individuals will not be deported to Venezuela during this time.
Unfortunately, DED is not an official “immigration status,” but presidents have used this power in the past as part of their authority to conduct foreign relations. We are expecting TPS for Venezuelans will be rolled out shortly.
We are waiting to receive more details on how the DED program will be administered. At this time the USCIS website has not been updated to provide guidance on when eligible individuals will be able to submit their applications.