The United States announced the resumption of direct repatriation flights for certain Venezuelan nationals who entered the country unlawfully and were determined not to have a legal basis to remain in the United States. The announcement was part of the Biden administration’s broader immigration enforcement strategy at the time.
It is important to place this policy in its proper historical context. The announcement described here was made in October 2023 during the Biden administration. Immigration enforcement and U.S.-Venezuela repatriation policies have changed since then, so this information should not be relied upon as a description of current policy.
Resumption of Repatriation Flights to Venezuela
The 2023 decision followed an agreement under which Venezuelan authorities would accept the return of certain Venezuelan nationals from the United States.
The announcement also followed high-level discussions in Mexico City involving officials from the United States and regional partners. U.S. officials participating in migration discussions included then-Secretary of State Antony Blinken, then-Secretary of Homeland Security Alejandro N. Mayorkas, and White House Homeland Security Adviser Elizabeth Sherwood-Randall.
These discussions were part of broader regional efforts to address migration throughout the Western Hemisphere.
Immigration Enforcement and Removal Proceedings
Entering the United States without authorization does not automatically mean that a person will immediately be deported.
Immigration authorities generally must determine whether an individual has a lawful basis to remain in the United States or is eligible to seek a form of immigration relief or protection. Depending on the circumstances, potential protections may include asylum, withholding of removal, or protection under the Convention Against Torture.
Other immigration remedies may also be available depending on a person’s individual circumstances.
At the time of the 2023 announcement, the Biden administration stated that individuals who entered unlawfully and did not establish a legal basis to remain could be subject to removal.
Legal Pathways and CBP One
The Biden administration paired immigration enforcement measures with efforts to expand certain lawful or authorized pathways into the United States.
At that time, these included humanitarian parole processes for nationals of certain countries and the use of the CBP One mobile application for scheduling appointments at ports of entry.
However, immigration programs, parole policies, border procedures, and government applications can change or be discontinued. Migrants should therefore verify which programs are currently available rather than relying on information about programs that existed in 2023.
A Regional Approach to Migration
The administration characterized irregular migration as a regional challenge requiring cooperation among governments throughout the Western Hemisphere.
The United States worked with countries including Mexico, Colombia, and Panama on migration management, humanitarian protection, enforcement, and lawful migration pathways.
These efforts were connected to the Los Angeles Declaration on Migration and Protection, adopted by the United States and other countries in the Western Hemisphere in 2022.
The declaration established a framework for regional cooperation focused on expanding lawful pathways, supporting communities receiving migrants, strengthening humanitarian protections, and promoting coordinated border management.
Repatriation and the Right to Seek Protection
The existence of a repatriation agreement does not mean that every Venezuelan national encountered by U.S. immigration authorities can automatically be returned to Venezuela.
Individual circumstances matter. A person who fears persecution or torture may have the right to seek protection under U.S. law, although eligibility depends on the facts of the case and applicable legal requirements.
Immigration cases can also be affected by prior removal orders, criminal history, previous immigration violations, family relationships, length of residence in the United States, and other circumstances.
For these reasons, individuals facing removal should obtain legal advice tailored to their particular situation rather than assuming that a general government announcement determines the outcome of their case.
Current Policies May Be Different
Because the original announcement concerned a 2023 Biden administration policy, readers should verify current rules before making immigration decisions.
Deportation procedures, protections available to Venezuelan nationals, parole programs, Temporary Protected Status (TPS), border policies, and diplomatic arrangements between the United States and Venezuela can change substantially over time.
If you are Venezuelan and are facing removal proceedings, have received an immigration notice or removal order, or have questions about your current immigration options, contact Albizu Law at 512-861-5638 to schedule a consultation. An immigration attorney can review your individual circumstances and explain which protections or immigration options may currently be available.
