New Immigration Policies Related to Venezuelan Migrants

New Immigration Policies Related to Venezuelan Migrants

INSIGHTi

New Immigration Policies Related to
Venezuelan Migrants
October 25, 2022
In FY2022, the Department of Homeland Security’s (DHS’s) Customs and Border Protection (CBP)
recorded 187,716 encounters of Venezuelan nationals at or between ports of entry along the U.S.-Mexico
land border, with September marking the highest monthly total ever (33,804). On October 12, 2022, the
Biden Administration announced new policies to address the record levels of Venezuelans encountered at
the border. The multipronged approach, coordinated with Mexico, features changes to border enforcement
practices and a new process to allow Venezuelans who have a U.S. sponsor to apply for immigration
parole and fly directly into the United States.
Venezuela Country Conditions and Humanitarian Crisis
Venezuela, under the authoritarian rule of President Nicolás Maduro, remains in deep economic and
humanitarian crises. From 2014 to 2021, Venezuela’s economy contracted by 80% and exhibited rates of
hyperinflation among the world’s highest, according to estimates by the International Monetary Fund
(IMF). While hyperinflation has abated, food insecurity and a collapse of health and other social services
have left 7 million people in need of humanitarian assistance and led over 7.1 million more Venezuelans
to flee the country. An October 2022 International Organization for Migration (IOM) report estimated that
75% of Venezuelans seeking assistance in countries in Latin America and the Caribbean are living under
precarious circumstances.
Border Policy Changes and the New Parole Process
The new border enforcement policies aim to reduce the number of Venezuelans encountered by CBP at
the Southwest border. Prior to these changes, the vast majority of Venezuelans encountered were
processed for removal and released into the United States, where they could apply for asylum during
immigration court proceedings. Now, Venezuelans apprehended between ports of entry are subject to the
public health-related Title 42 policy, which allows CBP to expel migrants back to Mexico (in coordination
with the government of Mexico). Although the DHS notice outlining the new policies is not explicit,
some Venezuelans may be considered exceptions to Title 42 on a case-by-case basis and may be allowed
to enter the United States and apply for asylum during removal proceedings.
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The other major component of the policy changes is a new process to allow up to 24,000 Venezuelans
who are outside the United States to travel by air to the U.S. interior and be paroled into the country.
Immigration parole is official permission to enter and remain temporarily in the United States. Existing
law gives the DHS Secretary discretionary authority to “parole into the United States temporarily under
such conditions as he may prescribe only on a case-by-case basis for urgent humanitarian reasons or
significant public benefit any alien applying for admission to the United States.” Venezuelans granted
parole will be allowed to stay for up to two years and apply for work authorization. Parole does not
provide a dedicated pathway to U.S. lawful permanent residence.
This new process for Venezuelans is modeled after Uniting for Ukraine (U4U), a process launched in
April 2022 for Ukrainians fleeing Ukraine after the Russian invasion. As under U4U, Venezuelans
wishing to use this process must first have a U.S. supporter who agrees to provide them with financial
support for the duration of their parole period in the United States. The new policy is limited to
Venezuelan nationals and their immediate family members who pass security checks and complete public
health requirements (including vaccinations). Individuals are ineligible if they (1) have been ordered
removed from the United States in the previous five years; (2) have crossed into the United States without
authorization between ports of entry after October 19, 2022; (3) have unlawfully entered Mexico or
Panama after October 19, 2022; (4) are permanent residents or dual nationals of a country other than
Venezuela; (5) hold refugee status in any country; or (6) are unaccompanied minors.
U.S.-Mexico Agreement
Since a 2019 U.S.-Mexico migration agreement, and particularly since the March 2020 launch of Title 42
expulsions, Mexico has accepted U.S. policies that have shifted the burden of handling migrants from the
United States to Mexico. On October 12, 2022, Mexico agreed to accept the expulsion of an unspecified
number of U.S.-bound Venezuelan migrants in exchange for DHS making additional H-2B visas available
for temporary nonagricultural workers. Historically, the majority of H-2B visas have been issued to
Mexican nationals. Venezuelan migrants expelled to Mexico will reportedly have the option to apply for
asylum in Mexico, accept voluntary return by air from Mexico to Venezuela, leave Mexico within 15
days, or be subject to apprehension and deportation by Mexican authorities. IOM and migrants rights
organizations have expressed concerns that the border policy could further overwhelm Mexican shelters
and leave Venezuelan migrants stranded in Mexico and Central America. Mexico’s backlogged National
Refugee Assistance Commission (COMAR) received 8,665 asylum applications (solicitantes del
reconocimiento de la condición de refugiado) from Venezuelans from January through September 2022
(compared to 6,123 in all of 2021). COMAR’s director has reportedly said that his agency could have
trouble attending to this influx of Venezuelan asylum seekers, but will do its best despite funding
limitations.
Considerations for Congress
The Biden Administration contends that these new policies will “provide an incentive for Venezuelans to
avoid the often dangerous journey to the border,” provide a safe and orderly way for Venezuelans to enter
the United States, and “help ease pressure on the cities and states receiving these individuals.” Some
observers argue that the number of parolees allowed under the new process (24,000) will do little to
address the much larger number of Venezuelan migrants who have been arriving at the U.S. border. Some
critics of the change that makes Title 42 applicable to Venezuelans oppose the use of a public health
policy to deter migration, in addition to it depriving migrants of their legal right to pursue asylum. Some
Members of Congress have called for greater transparency and information regarding the policy changes
that affect Venezuelans. Others argue that refugee processing for Venezuelans should be expanded and
that Venezuela should be redesignated for Temporary Protected Status (TPS) to include individuals who
arrived after the March 8, 2021, cutoff date.

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Author Information

Audrey Singer
Clare Ribando Seelke
Specialist in Immigration Policy
Specialist in Latin American Affairs

Jill H. Wilson

Analyst in Immigration Policy

Disclaimer
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