President Biden has approved a two-year extension of Deferred Enforced Departure (“DED”) for certain residents of Hong Kong currently in the United States, and an expansion of DED to Hong Kong residents who arrived in the United States after the initial grant of DED was announced on August 5, 2021.  The initial grant of DED was set to expire on February 3, 2023.  The full memorandum from the White House is available here. 

The original grant of protection, issued on August 5, 2021, permitted residents of Hong Kong who had been continuously present in the United States on or before August 5, 2021, to remain in the United States until February 3, 2023 and obtain authorization to work under the agency’s Deferred Enforced Departure (DED) program. Hong Kong residents protected by the initial grant of DED would not be subject to removal from the United States if they stayed beyond their period of authorized stay and could request employment authorization during the designation period. 

This period of temporary relief for Hong Kong residents would not be available to those who had voluntarily returned to Hong Kong or the People’s Republic of China after August 5, 2021; those convicted of any felony and or two or more misdemeanors committed in the United States; or those who have been determined by the United States to be subject to extradition. The initial grant of DED came as a response to the People’s Republic of China (PRC) unilateral imposition of its law on Hong Kong, eroding the rights and freedoms of Hong Kong residents.

Because the People’s Republic of China continues to abridge Hong Kong’s autonomy, Biden has announced a two-year extension of the DED program for eligible Hong Kong residents and the expansion of DED to those who arrived in the U.S. after the initial grant of DED on August 5, 2021. Effective January 26, 2023, President Biden has deferred for 24 months the removal of any Hong Kong resident who is present in the United States on or before the issuing date. 

To be eligible for DED, you must be a resident of Hong Kong who has continuously resided in the United States on or before January 26, 2023. This includes anyone who has dual citizenship, such as someone who has a passport from both the People’s Republic of China and Taiwan. 

If you are a Hong Kong resident who voluntarily left the United States after January 26, 2023, you are not eligible for DED. Hong Kong residents are also not eligible if they have been convicted of two misdemeanors or one felony, or if the United States has determined that their presence poses a threat to public safety or foreign relations. 

Because DED is not an immigration status, Hong Kong residents cannot apply for it. However, Hong Kong residents must apply for work authorization on Form I-765 in order to work in the United States.  DED is a Presidential directive, authorized by the president as part of their constitutional power to conduct foreign relations, preventing the removal of certain Hong Kong residents from the United States given the current politically volatile situation in Hong Kong. 

Please see our previous post for more information regarding eligibility criteria for Hong Kong residents in the United States. 

This alert is for informational purposes only.  Please contact us if you would like to discuss this development further.