President Biden has issued a memorandum authorizing Deferred Enforced Departure (“DED”) for Palestinians effective February 14, 2024.  Palestinians may remain in the U.S without fear of deportation if they are unable to maintain their status for the next 18 months. With DED, they may also obtain work authorization. Palestinians who are here as international students in F-1 status will also benefit from relief. 

Who is eligible for DED and is there an application process?

Palestinians who have been living in the United States on or before February 14, 2024, qualify for DED. Information on the process for obtaining work authorization will be posted in the Federal Registry.

Palestinians will not qualify for DED if:

1. They voluntarily returned to the Palestinian territories after February 14, 2024;

2. They have engaged in or are associated with terrorist activity;

3. They have been convicted of two misdemeanors or one felony; or

4. Their presence poses a threat to public safety or foreign relations;

To clarify, DED is not an immigration status for which Palestinians will apply. Rather, it is a Presidential directive that prevents the removal of certain Palestinians from the United States.

Are travel and work authorization granted to nationals covered by DED?

With DED, Palestinians may request for work authorization. Please note that travel and work authorization are not automatically granted to nationals protected by DED. More detailed information regarding provision of work and possible travel benefits to Palestinians eligible for DED will be posted in the Federal Registry soon.

Generally, if DHS provides individuals from a country eligible for DED with the benefit of work and travel authorization, then such individuals may request for work and travel authorization. Applicants must submit Form I-765 for work authorization, and Form I-131 for travel authorization. These forms may be filed concurrently if applicants wish to receive both travel and work authorization. Applicants may submit Form I-912 if they qualify for a fee waiver for the work authorization application.

Does DED erase unlawful presence accrued?

DED does not erase any unlawful presence that was accrued before February 14, 2024.  However, no unlawful presence will accrue while DED is in effect from February 14, 2024 until August 14, 2025 when the authorized period of DED expires. If the Biden Administration does not extend DED before August 14, 2025, Palestinians who stay in the United States without lawful immigration status will begin to accrue unlawful presence after August 14, 2025.

Due to the grave humanitarian crisis in the Palestinian territories and the dangerous conditions for civilians there, President Biden’s policy directive provides Palestinians in the US with the necessary time to ensure that their return to the region is safe and durable. 

The alert is for informational purposes only. Please contact us if you would like to discuss these developments further.