A Balanced Approach to Humanitarian Relief and US Economic Policy

The Venezuelan Adjustment Act: A Balanced Approach to Humanitarian Relief and U.S. Economic and Immigration Policy.

Immigration reform is a critical and often contentious issue in the United States, affecting millions of individuals seeking better opportunities and safety. Among the various groups seeking relief, Venezuelan immigrants stand out due to the severe economic and political turmoil in their home country. The Venezuelan Adjustment Act (VAA), a legislative proposal currently under consideration, aims to provide a path to permanent residency for Venezuelans in the U.S.

Passing the VAA is essential for offering stability and opportunities to these immigrants, allowing them to contribute more effectively to American society. By examining the act’s provisions, the educational and economic potential of Venezuelan immigrants, and the limitations of current immigration benefits, this post highlights the urgent need for this legislative measure.

Background

Historical Context

Adjustment acts have played a crucial role in U.S. immigration policy. One notable example is the Cuban Adjustment Act (CAA) of 1966, which allowed Cuban nationals who had been present in the U.S. for at least one year to apply for permanent residency. This act was instrumental in providing legal stability to thousands of Cubans fleeing political turmoil. It also facilitated their integration into American society, significantly impacting the Cuban-American community, particularly in places like Florida. [1]

Current Situation of Venezuelan Immigrants

Venezuelan immigrants are experiencing a similar crisis. According to U.S. Customs and Border Protection (CBP), there has been a dramatic increase in Venezuelan nationals encountered at U.S. borders, rising from 49,000 in 2021 to 334,914 in 2023 [2]. Many of these encounters occur at official ports of entry, with migrants often scheduling appointments through the CBP One app.

The Pew Research Center reports that as of 2021, approximately 640,000 Hispanics of Venezuelan origin resided in the U.S. This community is notable for its high educational attainment; about 57% of Venezuelan immigrants aged 25 and older hold a bachelor’s degree or higher, compared to 35% of U.S.-born adults and 34% of other immigrant adults. This figure rises to 62% among those who arrived between 2017 and 2021 [3].

These statistics highlight the significant contributions Venezuelan immigrants could make if given the opportunity for permanent residency, underscoring the importance of the Venezuelan Adjustment Act.

Legislative Details

Summary of the Act

The Venezuelan Adjustment Act aims to provide a pathway to permanent residency for Venezuelan nationals who meet specific criteria. Key provisions include:

Eligibility Criteria: To qualify, applicants must:
Be nationals of Venezuela.
Have entered the United States on or before December 31, 2021.
Have been continuously physically present in the U.S. for at least one year prior to applying.
Adjustment Process:
Applicants must apply for status adjustment within three years from the date of the Act’s enactment.
They must be otherwise eligible to receive an immigrant visa and admissible to the U.S. for permanent residence.
Grounds for Ineligibility:
Conviction of any aggravated felony.
Conviction of two or more crimes involving moral turpitude (excluding purely political offenses).
Participation in the persecution of any person based on race, religion, nationality, membership in a particular social group, or political opinion.
Exceptions:
Grounds of inadmissibility related to public charges, documentation requirements, labor certification, and illegal entry do not apply to applicants under this Act.
Additional Provisions:
Eligible applicants in removal proceedings can still apply for adjustment of status.
Work authorization is available while the application is pending.
Upon approval, applicants will receive a record of permanent residence dating back to their arrival in the U.S. [4]

Legislative History

The VAA was introduced in the House of Representatives on June 12, 2023, by Congressman Darren Soto, along with co-sponsors including Congresswoman Debbie Wasserman Schultz, Congresswoman Frederica Wilson, and Congresswoman Maria Elvira Salazar. The bill was referred to the Committee on the Judiciary, where it is currently awaiting further discussion and review.

The introduction of the Act reflects growing recognition of the need to address the unique circumstances faced by Venezuelan immigrants, providing them with a legal pathway to permanent residency. The Act draws on the precedent set by the CAA, which successfully integrated Cuban immigrants into U.S. society, aiming to achieve similar outcomes for Venezuelans.

A significant driving force behind the promotion of this bill is the non-profit organization My Voice Counts, Inc., led by Mildred Rodriguez. This organization has been at the forefront of advocating for the VAA, working tirelessly to raise awareness and garner support. Efforts by My Voice Counts, Inc. include organizing community events, lobbying lawmakers, and providing resources for Venezuelan immigrants to share their stories and experiences. Their advocacy has been crucial in bringing attention to the urgent need for this legislation and mobilizing public and political support to ensure its passage. [5]

Educational and Economic Implications

Educational Attainment

Venezuelan immigrants in the United States exhibit high levels of educational attainment. According to the Pew Research Center, approximately 57% of Venezuelan immigrants aged 25 and older reported having a bachelor’s degree or higher in 2021. This is significantly higher compared to 35% of U.S.-born adults and 34% of other immigrant adults. Among those who arrived between 2017 and 2021, this figure rises to 62%. [6]

Barriers to Further Education

Despite their high educational attainment, many Venezuelan immigrants face significant barriers to furthering their education in the U.S. These restrictions limit their ability to pursue advanced degrees and professional certifications, hindering their full potential and contribution to the U.S. economy. Additionally, many Venezuelan professionals need to complete further studies or certifications in the U.S. to practice their professions, but the lack of financial aid makes this difficult.

Economic Contributions

Allowing Venezuelan immigrants to obtain permanent residency would unlock substantial economic benefits for the U.S. economy. Given their high levels of education, these immigrants are well-positioned to fill skilled jobs, contribute to innovation, and drive economic growth. By enabling access to education and employment opportunities, the Venezuelan Adjustment Act would help integrate these individuals into the workforce, leading to increased productivity and economic prosperity. Furthermore, granting permanent residency would encourage entrepreneurial activities and investment in local communities, further bolstering economic development.

Existing Immigration Benefits and Challenges

Current Benefits

Venezuelan immigrants currently have access to several temporary immigration benefits, including:

Temporary Protected Status (TPS): Allows eligible Venezuelans to live and work in the U.S. without fear of deportation due to unsafe conditions in Venezuela. TPS provides work authorization and protection from removal but is temporary and does not lead to permanent residency. [7]
Humanitarian Parole: Grants individuals entry into the U.S. for urgent humanitarian reasons or significant public benefit. Like TPS, it is temporary and does not provide a path to permanent residency. [8]
Asylum Applications: Many Venezuelans have applied for asylum, seeking protection from persecution based on race, religion, nationality, membership in a particular social group, or political opinion. The asylum process can take years, with applicants waiting a decade or more for an interview. [9] During this period, they can receive work authorization and a Social Security number, allowing them to work legally and pay taxes.

Limitations and Challenges

Despite these benefits, Venezuelan immigrants face significant challenges:

Long Waiting Periods for Asylum: Asylum seekers often wait years for their applications to be processed, with some waiting for over a decade. During this time, they live in uncertainty.
Temporary Nature of TPS and Humanitarian Parole: These benefits do not provide a pathway to permanent residency and can be revoked, leaving beneficiaries in a precarious situation.
Uncertainty and Instability: The temporary nature of these statuses means that Venezuelan immigrants live with the constant fear of losing their legal standing and being deported. This uncertainty impacts their ability to plan for the future, pursue long-term employment, and fully integrate into American society.
Contributions Despite Uncertainty: Many Venezuelans have been living in the U.S. for years, contributing to the economy by working legally with work authorizations and Social Security numbers. They pay taxes and contribute to the country just like permanent residents and U.S. citizens, demonstrating their potential for long-term contributions.

Impacts and Implications of the Act

Stability and Security

The VAA would provide legal stability and security for Venezuelan immigrants by allowing them to apply for permanent residency. This legal status would eliminate the constant fear of deportation and provide a secure foundation for planning their future in the U.S. It would also allow them to fully integrate into American society, pursuing long-term employment and educational opportunities without the uncertainty of temporary statuses.

Economic and Social Benefits

Granting permanent residency to Venezuelan immigrants would unlock significant economic and social benefits for the U.S. economy. Highly educated and skilled, Venezuelan immigrants are well-positioned to fill essential roles in various industries. Their ability to work legally and contribute to the economy would be enhanced, leading to increased productivity and innovation. Socially, these immigrants would be better integrated, contributing to diverse communities and fostering cultural enrichment.

Comparative Analysis

The VAA draws important parallels to the CAA of 1966. The Cuban Adjustment Act allowed Cuban nationals who had been in the U.S. for at least one year to apply for permanent residency. This legislation was a response to the large influx of Cubans fleeing the Castro regime. It provided a pathway to legal status, which significantly impacted the Cuban-American community, particularly in South Florida, where many Cubans settled. The act helped integrate Cuban immigrants into American society, allowing them to contribute economically and socially. The success of the Cuban Adjustment Act serves as a precedent, demonstrating how providing a clear pathway to permanent residency can lead to positive outcomes for both immigrants and the host country.

One of the notable impacts of the CAA was the successful integration of many Cuban professionals, including doctors and healthcare workers, into the U.S. workforce. These professionals filled critical roles, particularly in healthcare, addressing shortages and contributing significantly to the U.S. economy. This aspect of the CAA’s success is particularly relevant when considering the VAA.

Similarly, the Venezuelan Adjustment Act stands to benefit a significant number of Venezuelan professionals currently residing in the U.S., many of whom are doctors, healthcare workers, and other highly educated individuals. Recognizing the value of these professionals, Venezuelan communities, through organizations like My Voice Counts Inc., have been proactive in providing updated reports and censuses to Congress. These reports document the numbers of Venezuelan doctors, health professionals, and other skilled workers currently in the U.S. who would greatly benefit from the Act.

Just as the CAA facilitated the integration of Cuban professionals into the U.S. economy, the VAA promises to do the same for Venezuelans, ensuring that the U.S. continues to benefit from their contributions in critical sectors. This not only aids the immigrants but also helps address workforce needs in the U.S., making the Act a practical and mutually beneficial policy.

Similarly, the Nicaraguan Adjustment and Central American Relief Act (NACARA) of 1997 provided immigration benefits to Nicaraguans, Cubans, and other Central American nationals. Like the Cuban Adjustment Act, NACARA resulted in successful integration and significant contributions from these immigrant communities.

Venezuelans are fleeing the regime of Nicolás Maduro, and the former dictatorship of Hugo Chávez, facing similar persecution that Cubans suffered under Fidel Castro. The Venezuelan Adjustment Act could provide the same benefits, ensuring that Venezuelan immigrants can fully participate in and contribute to American society.

Differences Between the Cuban Adjustment Act (CAA) and the Venezuelan Adjustment Act (VAA)

It’s important to highlight the key differences between the CAA of 1966 and the VAA currently under consideration. These differences demonstrate that the VAA is a targeted, responsible, and necessary measure that does not encourage new immigration but rather addresses the needs of those already in the United States.

1. Scope and Eligibility:

Cuban Adjustment Act (CAA): The CAA was open-ended and provided a pathway to permanent residency for any Cuban national who had been in the U.S. for at least one year after January 1, 1959. This provision effectively encouraged further migration by signaling to Cubans that they would be welcomed in the U.S.
Venezuelan Adjustment Act (VAA): In contrast, the VAA is not open-ended. It is specifically limited to Venezuelan nationals who entered the U.S. on or before December 31, 2021, and have been continuously present for at least one year. This cut-off date ensures that the act does not incentivize new immigration but rather provides stability for those who have already established their lives in the U.S. and contributed to society.

2. Public Benefits:

Cuban Adjustment Act (CAA): The CAA included provisions that allowed Cuban immigrants to access public benefits, including welfare programs such as food stamps and Medicaid, almost immediately after obtaining legal status.
Venezuelan Adjustment Act (VAA): The VAA does not establish any entitlement to public benefits. Venezuelan nationals who adjust their status under this act will not be eligible for public assistance programs upon receiving permanent residency. Importantly, Venezuelan immigrants do not seek to become a public charge. On the contrary, they are eager to contribute to the nation with their high level of education and professional qualifications, adding value to the U.S. economy rather than drawing from public resources.

3. Humanitarian Focus:

Cuban Adjustment Act (CAA): While the CAA was largely influenced by Cold War politics and the desire to undermine Fidel Castro’s regime, it also had a strong humanitarian component, offering refuge to those fleeing communism.
Venezuelan Adjustment Act (VAA): The VAA is similarly humanitarian in nature but is more narrowly focused on addressing the urgent needs of Venezuelans who fled the severe political and economic crisis under Nicolás Maduro’s regime. The VAA is tailored to those who are already part of American communities and have been contributing economically and socially during their time in the U.S.

4. No Incentive for Future Immigration:

Cuban Adjustment Act (CAA): The CAA’s open-ended nature and the absence of a specific cut-off date may have acted as an incentive for continued immigration from Cuba, with the expectation of eventual legal status.
Venezuelan Adjustment Act (VAA): The VAA, with its clear eligibility criteria tied to a specific date, does not encourage future immigration. Instead, it is designed to address the specific situation of Venezuelans who are already in the U.S., ensuring that they have a legal pathway to remain without encouraging new migration.

5. Focus on Integration Rather than Expansion:

Cuban Adjustment Act (CAA): The CAA played a role in integrating a large wave of Cuban immigrants into the U.S. but also encouraged continued migration due to its broad scope.
Venezuelan Adjustment Act (VAA): The VAA is more focused on integrating those who are already here, allowing them to fully participate in the economy and society without expanding the scope of U.S. immigration policy. This approach emphasizes stability and long-term planning rather than expanding immigration numbers.

By highlighting these differences, it becomes clear that the Venezuelan Adjustment Act is a responsible and necessary piece of legislation. It is tailored to provide legal stability and economic integration for a specific group of immigrants who are already contributing to American society. Unlike the Cuban Adjustment Act, the VAA does not promote further immigration or establish entitlements to public benefits, making it a balanced approach that addresses humanitarian needs while respecting economic and political considerations.

Lissie Albornoz

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[1] Britannica. Cuban Adjustment Act. https://www.britannica.com/topic/Cuban-Adjustment-Act

[2] Federation for American Immigration. Country Brief: Venezuela.

https://www.fairus.org/issue/country-brief-venezuela#:~:text=In%20FY%202021%2C%20this%20number,CBP%20encountered%20334%2C914%20Venezuelan%20nationals

[3] Pew Research Center. Facts on Hispanics of Venezuelan origin in the United States, 2021 https://www.pewresearch.org/fact-sheet/us-hispanics-facts-on-venezuelan-origin-latinos/#:~:text=Venezuelans%20are%20the%2012th%2Dlargest,growing%20from%2095%2C000%20to%20640%2C000.

[4] H.R.4048 – Venezuelan Adjustment Act Bill Text https://www.congress.gov/bill/118th-congress/house-bill/4048/text?s=1&r=77

[5] Venezuelan Adjustment Act website https://leydeajustevenezolano.org/en/

[6] Pew Research Center. Facts on Hispanics of Venezuelan origin in the United States, 2021 https://www.pewresearch.org/fact-sheet/us-hispanics-facts-on-venezuelan-origin-latinos/#:~:text=Venezuelans%20are%20the%2012th%2Dlargest,growing%20from%2095%2C000%20to%20640%2C000

[7] USCIS website. Temporary Protected Status Designated Country: Venezuela https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-venezuela