The Latin American Report # 494

The administration is back on track with its plans to expose tens of thousands of Venezuelan immigrants to the possibility of deportation. Weeks ago the Department of Homeland Security revoked the continuation of TPS that benefited some 350,000 Venezuelans. The narrative introduced by Kristi Noem to justify the decision was quite problematic and contradictory, as she argued that conditions in Venezuela had improved to the point that these Venezuelans could be reintegrated into the social life of the oil-rich country. This is what Noem wrote at the beginning of February:

The Department [of Homeland Security], in consultation with the Department of State, has reviewed conditions in Venezuela and has considered whether permitting Venezuelan nationals to remain temporarily in the United States is contrary to the U.S. national interest. Overall, certain conditions for the 2023 TPS designation of Venezuela may continue; however, there are notable improvements in several areas such as the economy, public health, and crime that allow for these nationals to be safely returned to their home country [emphasis added].

TPS allows its beneficiaries to work legally in the United States. When Obama-appointed U.S. District Judge Edward Chen blocked Trump's move ending TPS for Venezuelans, he argued that the administration had failed to make a substantive showing that the status posed a threat or harm to society. On the contrary, according to Chen, the White House's decision could “severely disrupt” those reached by it, and, moreover, “could cost billions in lost economic activity,” acknowledging the positive impact of immigrants on the economy.

A relevant discussion here is the relative character—depending on who sits at the Resolute desk, and the interests and priorities he embodies—of U.S. law enforcement. One day conditions in Venezuela are one, and the next, as if by magic, they are totally different. One day the Cuban government is an active sponsor of international terrorism, the next day it is not, and only days later, again, it is. That is an important nonsense to be addressed here, as well as the implication of the U.S. policy of economic asphyxiation in the socio-political development of both nations, widely recognized by serious sources beyond the ideological differences that may exist.

Also yesterday a judge in Texas blocked the departure of deportation flights with Venezuelans if they are based on the nearly 230-year-old Alien Enemies Act. U.S. District Court Judge Fernando Rodriguez Jr. was clear that he was not disputing the administration's power to detain and remove aliens engaging in criminal activity, but believes the Trump team has introduced a blatant misinterpretation of the AEA. Dozens of Venezuelans were sent to a megaprison in El Salvador under a Washington agreement with the government of Nayib Bukele, upon invocation of the AEA. The White House claims that the infamous, Venezuela-born “Tren de Aragua” gang has "invaded" the country with the sponsorship of the Miraflores Palace, and that this entitles it to appeal to the AEA. Rodriguez Jr. counters that “the President's invocation of the [act] through the Proclamation exceeds the scope of the statute and is contrary to the plain, ordinary meaning of the statute's terms.”