Many in Utah's Venezuelan community nervous after court decision
Many in Utah's Venezuelan community have known their future is up in the air given the Trump administration's push to end a program that has let them live and work in the United States.
Now they are certain of their uncertain status with Monday's U.S. Supreme Court decision upholding the administration's determination to strip nearly 350,000 Venezuelans of temporary protected status granted under a program launched by President Joe Biden.
Many who would otherwise be impacted by the court decision also sought asylum and 'will not be deportable, should not be deportable, should not be detained or anything like that,' said South Jordan immigration attorney Carlos Trujillo.
Others who did not seek asylum, however, may have now lost their last option to legally stay in the country. 'As soon as that TPS goes away, they will be deportable. They can be detained. Removal proceedings can begin against them,' Trujillo said. Given their uncertain status, he added, some are contemplating moves to Canada, Europe or South America, though not Venezuela.
Monday's Supreme Court decision stems from a pending federal lawsuit filed by advocates of the temporary protected status designation created by the Biden administration in 2023 and targeted by President Donald Trump and Homeland Security Secretary Kristi Noem. While the case continues in a federal court in California, the decision means that Noem's February action ending the program stands, at least until a final determination in the court matter. The advocates had sought a stay, putting off elimination of the program at least until a final court decision on the program's future, which Trujillo said could be two to four years away.
Impacted Venezuelans 'won't be able to work,' said Mayra Molina, head of the Venezuelan Alliance of Utah, which advocates for the state's Venezuelan community. 'Again, the fear in the community is big. ... It's a really hard time right now.'
The Supreme Court decision applies to about 348,000 Venezuelans nationwide who had secured temporary protected status under an initiative launched in 2023 by the Biden administration. Not impacted are around 250,000 more from Venezuela who secured similar status under a parallel program launched by Biden in 2021, though Trujillo thinks that initiative will likely be targeted later this year.
Temporary protected status recipients who also have pending asylum claims may be safe, at least for now, Trujillo said. But those who don't have asylum claims and can't make them, he went on, 'are not sleeping well in fear of what is yet to come.' Asylum claims must be filed within a year of arriving in the United States.
Molina estimates around 6,500 to 7,000 Venezuelans in Utah secured temporary protected status under the 2021 and 2023 Biden administration initiatives, spurred by political upheaval in Venezuela. She's not sure how many secured the status in each of the two installations of the initiative. Like Trujillo, though, she says some impacted by Monday's court decision are contemplating moves, possibly to Spain or other South American countries like Colombia or Chile.
'We understand it's not an easy process, but they're considering leaving the country,' she said.
Both Molina and Trujillo said most are leery of remaining illegally in the United States, trying to live in the shadows outside the reach of federal immigration authorities.
The Biden administration created the temporary protected status designation for Venezuelans given the tenuous political and economic conditions in the country under President Nicolás Maduro, a socialist. Many Venezuelans who have fled say they faced political persecution under Maduro and don't want to return due to safety concerns.
'Let's be clear, things have not changed one bit for the better in Venezuela. In fact, they have gotten worse,' said Trujillo. 'The last report talks about crimes against humanity, not even just political persecution.'
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