TPS or DED
What is the difference?
Relief for Venezuelans! A closer look at the new protections afforded under Temporary Protected Status (TPS) and Deferred Enforced Departure (DED).
Exciting news has recently surfaced in the immigration world for eligible Venezuelans who can now file for temporary relief in the form of either Temporary Protected Status (TPS) or for Deferred Enforced Departure (DED). Both options allow Venezuelans to stay in the United States through 2022 without fears of deportation, to obtain work authorization, and could even be a stepping stone on the path to permanent residence via the adjustment of status process.
Due to the current extraordinary conditions in Venezuela marked by critical humanitarian issues in combination with widespread hunger and malnutrition, increasing crime and presence of non-state armed groups, repression, and political and economic crises, it has been determined that Venezuelan nationals cannot safely return to their home country at the current time. Venezuelans here in the United States are potentially eligible for relief and as more than one option currently exists for Venezuelans, it is important to understand what the options mean in terms of eligibility, the filing process, and benefits as well as the differences between TPS and DED.
On March 8, 2021, Secretary of Homeland Security, Alejandro N. Mayorkas, designated Venezuela for Temporary Protected Status through September 29, 2022. TPS designation is extended to countries in turmoil that are currently suffering from difficult conditions falling under one or more of the three statutory bases for designation: ongoing armed conflict, environmental disasters, or extraordinary and temporary conditions. According to Secretary Mayorkas, “the living conditions in Venezuela reveal a country in turmoil, unable to protect its own citizens. It is in times of extraordinary and temporary circumstances like these that the United States steps forward to support eligible Venezuelan nationals already present here, while their home country seeks to right itself out of the current crises.”
Venezuelan nationals currently residing in the United States can file initial applications for TPS, so long as they meet eligibility requirements. To be eligible, an individual must be a national of Venezuela or a person without nationality who last habitually resided in Venezuela; must demonstrate continuous residence in the United States since March 8, 2021, must prove continuous physical presence in the United States since March 9, 2021, and must not be disqualified undergrounds of criminal or inadmissibility bars. The registration period is currently open and will close on September 5, 2021. Eligible Venezuelans must register by filling the application within the 180-day registration period and before the September 5, 2021 deadline. Under TPS, individuals may also apply for Employment Authorization Documents (EADs) and for travel authorization.
On January 20, 2021, during the previous administration, a presidential memorandum established Deferred Enforced Departure for Venezuelan nationals for 18 months, through July 20, 2022. To be eligible for DED, an individual must be a national of Venezuela or a person without nationality who last habitually resided in Venezuela; must have been present in the United States on January 20, 2021, and must not have other disqualifying factors such as serious criminal convictions. DED beneficiaries are also eligible to apply for EADs and are protected because they are not subject to removal during the designated time period.
There exist obvious differences between the two options. The DED benefit requires physical presence in the United States on January 20, 2021, so Venezuelans who entered the country after January 20, 2021, are only eligible for TPS. The TPS designation lasts through September 29, 2022, which is longer than the DED designation lasting through July 20, 2022. An important difference to note is that TPS is a temporary immigration status protection for individuals unlike DED which is protected in the form of a temporary administrative stay of removal, but it is not considered actual immigration status. Both designations allow people to apply for EADs to work, but DED does not afford the opportunity to travel which is another benefit of TPS.
TPS requires application Form I-821 to be filed along with a filing fee to the government within the specific 180 day registration period. In contrast, DED does not require any filing on any specific form, there is no fee, and there is no deadline to file. TPS status may also lead to future immigration benefits such as the opportunity to apply for permanent residence via the adjustment of status process if you reside in the 6th, 8th, or 9th circuits. It is entirely possible, however, that there could be greater good news on the horizon for pathways to residency and citizenship for both TPS and DED beneficiaries IF the currently pending new bills ultimately pass, but we have yet to see what will happen.
Despite the differences, both TPS and DED provide necessary relief and protections for Venezuelan nationals. Based on the details above, it appears that the more beneficial relief for Venezuelans is TPS because the designation will last longer than DED and it is considered a temporary immigration status, not just an administrative stay of removal. DHS is encouraging individuals with DED EADs to still apply for TPS to ensure they are still protected especially when DED expires. There may also be greater, more permanent future immigration benefits for TPS beneficiaries. However, the application process for TPS does require the filing of a specific form along with supporting evidence and filing fees all within the specified registration period. Either way, Venezuelan nationals are encouraged to take advantage of these beneficial opportunities for relief right now. More details about the eligibility criteria and instructions to submit an initial TPS application and apply for an EAD as well as more information on DED can be found in the Federal Register Notice (FRN).
POSTED BY: DreamVista Advocates
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Other Links
World Report 2021: Rights Trends in Venezuela
2019 Country Reports on Human Rights Practices