On March 8th, 2021, Venezuelan nationals all around the United States rejoiced at the news that they would no longer find themselves in legal limbo, as they would be granted the opportunity to legally remain in the nation. That date marked Secretary of Homeland Security Alejandro Mayorkas’ announcement designating Venezuela for Temporary Protected Status (TPS) for 18 months. The announcement formally solidified President Biden’s promise to grant more than 300,000 Venezuelans TPS. This response is considered a symbol of the Biden administration’s solidarity towards the people of Venezuela, as well as a firm condemnation of President Maduro’s reign of terror.
Under Congress’ bipartisan Temporary Protected Status Act of 2021, eligible Venezuelan immigrants are offered protection from deportation; a temporary work authorization, enabling them to make a living and contribute to society during their time in the United States; a travel authorization; and most importantly, relief from President Nicolas Maduros’ dangerous and dictatorial regime, until September 2022. The bill was originally drafted with the intent to provide a safeguard for Venezuelans facing deportation and the prospect of returning to a deteriorating humanitarian crisis and a crippling pandemic in their country of origin. In the spirit of upholding necessary procedures and prioritizing a need for security, individuals who wish to apply for TPS are required to provide evidence of continuous residency in the United States as of March 8, 2021, and must file their application to the U.S. Citizenship and Immigration Services within the 180-day registration period, which ends September 2022. In addition, all individuals who request temporary status will undergo security and background checks to determine their eligibility.
Despite the TPS’ benefits to the Venezuelan people acquiring such a status might not be a straightforward process for all. This is due to the fact that the application process also requires providing translated documents and paying a substantial $540 fee, which could potentially decrease the number of people capable of applying for temporary protected status. On that note, many Venezuelan migrants, who do not have work authorization, do not find themselves in an adequate economic situation to pay the fee. The unspecified security and background checks imposed as a requirement of the TPS may also produce potential barriers to people seeking temporary status. Thus, such issues in legislation may disproportionately affect Venezuelan nationals who fled the country in poverty and are in dire need of an opportunity to improve their lifestyle and well-being.
The TPS, a form of status created along with the Immigration Act of 1990, provides temporary yet stable “protection to foreign-born individuals in the U.S. for whom returning to their home country is unsafe or impossible.” Thus, either Congress or the Secretary of Homeland Security possesses the authority to designate countries for TPS if they consider the nation continuously dwells with “armed conflict, environmental disaster (like an earthquake, flood, drought, or epidemic), or some other extraordinary conditions that would not allow its nationals to return safely.”
Venezuela is a nation that certainly fits these criteria, as it has been plagued with economic and political turmoil, over the better part of two decades. People who currently find themselves trapped within Venezuelan borders are offered little to no reprieve from the extreme health and food insecurity, crippling economic crisis, and violence that afflicts the nation.
Despite Venezuela’s already grave social, political, and economic state, the country’s situation has only worsened since COVID-19 first began to rapidly spread in early 2020. The matter of food insecurity, which was already affecting 32% of the population prior to the pandemic, was exacerbated by limitations placed on trade and food production. Similarly, Venezuela’s previously struggling economy has continued to collapse, and currently bears an estimated annual inflation rate of 15,000%. However, none of the other issues hold a torch to the abysmal and quickly deteriorating health insecurity that has affected the country since the beginning of the pandemic. The mass migration of about 3.3 million Venezuelans–approximately 10 percent of the population–over the past five years has left Venezuela with a limited number of qualified doctors and nurses to combat COVID-19. Thus, members of the Venezuelan healthcare system have not only confronted the pandemic while deprived of adequate protective measures but have also encountered shortages of gloves, face masks, disinfecting gel, and most importantly potable water.
For years, Venezuelans have fled to the United States seeking sanctuary from one of the most appalling humanitarian crises in the globe. However, this designation marks one of the first moments where they have actually been welcomed into the country. As articulated by Secretary Mayorkas in his announcement, “[i]t 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.” With this statement, both the Biden administration condemned President Maduro’s dictatorial regime and simultaneously acknowledged the need for altruistic relief for the people of Venezuela.
However, this is not the first time the subject of temporary status has been associated with Venezuelans. In fact, Democrats and Republicans in Florida have spent years advocating such legislation. Senator Bob Menendez of New Jersey has also directed multiple efforts to spearhead the TPS designation and expressed solidarity with Venezuelan nationals who are unable to return to their home country or work towards living conditions within the United States. Formal Temporary Protected Status for Venezuelans also serves as an equally formal condemnation of cruelty towards vulnerable members of society and fortifies the idea that all humans should be treated with dignity. Furthermore, the Biden administration appears to be using it as a signal that they are open to implementing legislation that allows pathways to legal immigration for those who require it the most. President Biden and Vice President Harris have alluded that this is only the beginning of U.S. initiatives to aid Venezuelan nationals, as the TPS designation could create possible pathways for citizenship to eligible Venezuelans under the U.S. Citizenship Act of 2021, a bill announced by the current administration.