Citing the crackdown on peaceful pro-democracy demonstrators in Hong Kong, on August 5, 2021, President Biden signed a Memorandum regarding Deferred Enforced Departure (DED) for Certain Hong Kong Residents. This order defers the removal of any Hong Kong resident from the United States for 18 months. This order only applies to people who were already in the United States as of August 5, 2021. Since DED is conferred automatically, people seeking to benefit from this order do not need to apply for DED.
This memorandum directs the Secretary of Homeland Security to authorize and determine the application process for work authorization for individuals granted DED. The Secretary has not yet issued any memorandums outlining the instructions for applying for extended work authorization under this Memorandum. The Memorandum also directs the Secretary to consider suspending certain regulatory requirements for F-1 students, who are residents of Hong Kong.
This memorandum lists some exceptions to people excluded from DED including: those who have voluntarily left the United States; those who have not continuously resided in the United States since August 5, 2021; those who are inadmissible or subject to removal under existing laws; those who have been convicted of any felony or 2 or more misdemeanors committed in the United States; those who are subject to extradition; and those who the Secretary of Homeland Security determines are a threat to public safety or reasonably believes will have negative effects on the foreign policy of the United States.
If you have any questions regarding DED or any other immigration related matter, please do not hesitate to contact KILO Immigration, a Sacramento immigration law firm by filling out this contact form.