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Secretary Mayorkas Designates Venezuela for Temporary Protected Status for 18 Months

US Citizenship and Immigration Services

Secretary of Homeland Security Alejandro N. Mayorkas designated Venezuela for Temporary Protected Status (TPS) for 18 months, until September 2022. This new designation of TPS for Venezuela enables Venezuelan nationals (and individuals without nationality who last resided in Venezuela) currently residing in the United States to file initial applications for TPS, so long as they meet eligibility requirements.

This designation is due to extraordinary and temporary conditions in Venezuela that prevent nationals from returning safely, including a complex humanitarian crisis marked by widespread hunger and malnutrition, a growing influence and presence of non-state armed groups, repression, and a crumbling infrastructure. TPS can be extended to a country with conditions that fall into one, or more, of the three statutory bases for designation: ongoing armed conflict, environmental disasters, or extraordinary and temporary conditions.

Only individuals who can demonstrate continuous residence in the United States as of March 8, 2021 are eligible for TPS under Venezuela’s designation.

Individuals desiring TPS must file an application with U.S. Citizenship and Immigration Services within the 180-day registration period. They may also apply for Employment Authorization Documents (EADs) and for travel authorization. All individuals applying for TPS undergo security and background checks as part of determining eligibility. More details about the eligibility criteria to submit an initial TPS application and apply for an EAD can be found in the Federal Register Notice (FRN).

The FRN also provides information about Deferred Enforced Departure (DED) for Venezuelan nationals and how individuals may apply for DED-related EADs, based on the January 19, 2021, presidential memorandum establishing DED for Venezuelan nationals for 18 months, through July 20, 2022. Individuals who apply for and receive TPS and who are also covered by DED do not need to apply for Employment Authorization Documentations under both programs.

By : | March 24, 2021 | USCIS News

ICE announces temporary guidelines for its enforcement and removal operations

On February 18, 2021 – U.S. Immigration and Customs Enforcement (ICE) implemented an interim operating guidance that will temporarily govern its civil immigration enforcement and removal operations, until Secretary of Homeland Security Alejandro Mayorkas issues new enforcement guidelines for the Department. Secretary Mayorkas is expected to issue new enforcement guidelines in less than 90 days, after consultation with Department personnel and external stakeholders.

ICE’s interim guidance will focus the agency’s civil immigration enforcement and removal resources on threats to national security, border security and public safety. The guidance defines which cases are presumed to present such threats and do not require prior approval. The guidance also sets forth a pre-approval process for any civil immigration enforcement action that does not meet the presumption criteria.  In addition, the guidance sets forth weekly reporting requirements to ensure coordination and consistency and to inform the development of the Secretary’s final enforcement guidelines.

Individuals are presumed to be a border security enforcement priority if they are apprehended while attempting to unlawfully enter the United States on or after November 1, 2020, or if they were not physically present in the United States before November 1, 2020.

And, individuals are presumed to be a threat to public safety if, for example, they have been convicted of an aggravated felony or engaged in certain activity as part of a criminal gang or transnational criminal organization and there is reason to believe they currently pose a threat. In evaluating whether an individual poses a threat to public safety, officers and agents are to consider the extensiveness, seriousness and recency of any criminal activity, as well as mitigating factors, including, but not limited to, personal and family circumstances, health and medical factors, ties to the community, and evidence of rehabilitation. ICE’s prioritization of individuals with aggravated felony convictions is consistent with Congressional intent in creating that distinct category of offenses.

Absent exigent circumstances, ICE’s field personnel will need to obtain prior approval from their chain of command before pursuing cases that do not meet the presumption criteria.

By : | March 1, 2021 | ICE News

Community Service And Advocacy

Cano Immigration is passionate about pro-bono work in the community and Attorney Cano is committed to advocacy for comprehensive immigration reform. Through philanthropy, by volunteering time, or providing pro bono legal services, the Firm continues to support various charitable organizations known for their tireless efforts in assisting refugees, and women and children fleeing persecution from their home countries.

For a list of the organizations and the work that Cano Immigration supports, and if you wish to get involved, please see below:

UNICEF www.unicefusa.org
Tahirih Justice Center http://www.tahirih.org
Kids in Need of Defense (KIND) https://supportkind.org/
Children’s Immigration Law Academy (CILA) www.cilacademy.org
American Immigration Counsel (AIC) www.americanimmigrationcouncil.org
Call now to get more details on Community Service and Advocacy: 832.288.2727