Venezuelan Adjustment Act

Bill Number: H.R. 1348
Origin Chamber: House
Congress: 119th Congress, Session 1
Policy Area: Immigration
Status: Introduced
Latest Action: 2025-02-13: Referred to the House Committee on the Judiciary.
Last Updated: 2026-04-10T08:05:27Z

AI-Generated Summary

Purpose of the Legislation

The Venezuelan Adjustment Act aims to provide a pathway for certain Venezuelan nationals and their family members who are already in the United States to gain lawful permanent resident status (commonly known as a green card). This would allow them to live and work legally in the U.S. without needing to leave the country, addressing humanitarian concerns related to the crisis in Venezuela.

Key Provisions

Eligibility Criteria:
Applies to Venezuelan nationals who entered the U.S. before December 31, 2021, and have been physically present in the U.S. for at least one year before applying.
Includes spouses, children, and unmarried sons or daughters of eligible Venezuelans.
Short absences from the U.S. (totaling up to 180 days) do not break the continuous presence requirement.
Adjustment Process:
Eligible individuals must apply within three years of the bill's enactment.
The Secretary of Homeland Security (head of the Department of Homeland Security, or DHS) can approve the change to permanent resident status if the applicant is otherwise eligible for an immigrant visa and admissible.
Waives certain barriers to entry, such as issues related to security risks, becoming a public burden (relying on government aid), unlawful presence in the U.S., or lack of proper documents.
Exceptions and Limitations:
Ineligible if convicted of a serious crime (aggravated felony), two or more crimes involving moral turpitude (acts like fraud or theft that show bad character, excluding purely political offenses), or involvement in persecuting others based on race, religion, nationality, social group, or political opinion.
Handling Prior Immigration Orders:
People with existing orders for exclusion (barring entry), deportation, removal, or voluntary departure can still apply; approval cancels the order, while denial reactivates it.
No need to file a separate request to reopen old cases.
Protections During Processing:
Stays (pauses) removal proceedings while the application is pending; removal can only occur after a final denial.
Allows work authorization for applicants; automatic after 180 days if the application is still pending.
Other Details:
Creates a record of permanent residency dating back to the applicant's initial U.S. arrival.
Provides the same administrative appeal rights as standard green card or removal cases.
Limits court review: Decisions are final, but constitutional claims or pure legal questions can be challenged under federal law.
Does not reduce the total number of available immigrant visas under existing laws.

Significant Changes to Existing Law

Introduces a new, targeted category for status adjustment specifically for Venezuelans, similar to past laws for groups from countries like Nicaragua or Haiti, but tailored to the Venezuelan situation.
Overrides some standard inadmissibility rules (e.g., for unlawful presence or documentation issues) that typically block green card applications for those who entered without permission.
Bypasses the usual requirement to reopen old immigration cases, streamlining the process for those facing removal.
Restricts full judicial review of DHS decisions, which is narrower than typical immigration appeals, though it preserves limited options for constitutional or legal challenges.
Ensures adjustments do not count against annual visa limits, preventing a backlog for other immigrants.

Potential Impacts

On Government Agencies: DHS would handle a surge in applications, requiring new regulations for stays of removal and work permits, potentially straining resources but also clarifying processes for Venezuelan cases.
On Citizens and Residents: Eligible Venezuelans could gain stability, family unity, and economic contributions through legal work, reducing undocumented populations in communities. U.S. citizens sponsoring family might see faster resolutions.
On International Relations: Signals U.S. support for Venezuelans fleeing instability, potentially strengthening ties with Venezuelan diaspora communities and pressuring the Venezuelan government, but could strain relations if seen as interfering in sovereignty.

Main Stakeholders Affected

Venezuelan Nationals and Families: Primary beneficiaries, including over a million estimated eligible individuals who entered before 2021, gaining access to permanent residency, work, and eventual citizenship paths.
Department of Homeland Security (DHS): Responsible for processing applications, issuing work permits, and managing stays of removal.
Immigration Advocates and Legal Aid Groups: Involved in helping with applications and appeals, potentially seeing reduced caseloads for deportation defenses.
U.S. Employers and Communities: Could benefit from a stable workforce of Venezuelans in sectors like construction, healthcare, and services.
Other Immigrants: Indirectly affected, as the law does not reduce overall visa availability, avoiding competition for spots.

Notable Legal, Constitutional, or Political Implications

Legal: The waiver of certain inadmissibility grounds and override of prior orders could face challenges for fairness, but the bill preserves core immigration enforcement powers. The limited judicial review provision might limit due process (the right to a fair hearing) under the U.S. Constitution's Fifth Amendment, though it allows reviews for constitutional issues.
Constitutional: Aligns with Congress's broad authority over immigration but could raise equal protection concerns if seen as favoring one nationality over others without strong justification.
Political: Bipartisan sponsorship (from both parties, focused on Florida representatives) highlights humanitarian consensus on the Venezuelan crisis, but implementation might spark debates on immigration enforcement versus relief, especially amid broader U.S. border policy discussions. It does not alter general immigration laws, maintaining balance with enforcement priorities.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Soto, Darren [D-FL-9]

Cosponsors (21)

Rep. Salazar, Maria Elvira [R-FL-27], Rep. Wasserman Schultz, Debbie [D-FL-25], Rep. Wilson, Frederica S. [D-FL-24], Rep. Bacon, Don [R-NE-2], Rep. Castor, Kathy [D-FL-14], Rep. Castro, Joaquin [D-TX-20], Rep. Frost, Maxwell [D-FL-10], Rep. Velázquez, Nydia M. [D-NY-7], Rep. Green, Al [D-TX-9], Rep. Scanlon, Mary Gay [D-PA-5], Rep. Cherfilus-McCormick, Sheila [D-FL-20], Rep. Moulton, Seth [D-MA-6], Rep. Clarke, Yvette D. [D-NY-9], Rep. Frankel, Lois [D-FL-22], Rep. Escobar, Veronica [D-TX-16], Rep. Schakowsky, Janice D. [D-IL-9], Rep. Espaillat, Adriano [D-NY-13], Rep. Ramirez, Delia C. [D-IL-3], Rep. Moskowitz, Jared [D-FL-23], Rep. Fitzpatrick, Brian K. [R-PA-1], Rep. McGovern, James P. [D-MA-2]

Recent Actions

2025-02-13: Referred to the House Committee on the Judiciary.
2025-02-13: Introduced in House
2025-02-13: Introduced in House

Bill Versions

Venezuelan Adjustment Act — issued 2025-02-13 — PDF (9 pages)