DED Extended and Expanded for Hong Kong Residents

 

On January 15, 2025, President Biden announced  the extension and expansion of Deferred Enforced Departure (DED) for certain Hong Kong residents.  The DED Hong Kong program was first announced on August 5, 2021, deferring the removal of certain residents of Hong Kong who were present in the United States as of Aug. 5, 2021.  The program has been extended several times with the last extension ending on February 5, 2025. 

DED Extended for 24 Months

Before leaving office, President Biden issued a memorandum, extending DED for Hong Kong residents for another 24 months, until February 5, 2027.  Eligible Hong Kong residents will continue to have employment authorization to work legally in the U.S. 

Additional Hong Kong Residents Covered

The memorandum further expanded DED to include additional pool of individuals.  In addition to the individuals covered by the initial announcement, eligible Hong Kong residents include those who have arrived in the United States from August 5, 2021 until January 15, 2025.  This expansion potentially covers many more eligible residents of Hong Kong for DED.

Meaning of DED 

DED is a form discretionary relief to allow individuals who are otherwise ineligible to stay in the U.S. to remain here temporarily. Although DED is not a specific immigration status, eligible individuals covered by DED are not subject to removal from the United States, usually for a designated period of time.

It is important to note that individuals who are in legal immigration status are also eligible for DED.  Obtaining DED does not affect the individual's nonimmigrant status such as F-1 (student), B-1/B-2 (temporary visitor), H-1B (employment), etc. 

Eligibility Requirements

Residents of Hong Kong, regardless of country of birth, who are present in the United States on January 15, 2025 are eligible for DED, except for those:

(1)  who have voluntarily returned to Hong Kong or the PRC after the date of this memorandum;

(2)  who have not continuously resided in the United States since January 15, 2025;

(3)  who are inadmissible or deportable under the Immigration and Nationality Act because they are deemed threats to U.S. security, foreign policy, or public safety;

(4)  who have been convicted of any felony or two or more misdemeanors committed in the United States, or who are not eligible for asylum (e.g., convicted of particularly serious crimes, pose danger to national security, have persecuted others, etc.)

(5)  who are subject to extradition;

(6)  whose presence in the United States the Secretary of Homeland Security has determined is not in the interest of the United States or presents a danger to public safety; or

(7)  whose presence in the United States the Secretary of State has reasonable grounds to believe would have potentially serious adverse foreign policy consequences for the United States.

Under this memorandum, DHS Secretary may also consider suspending regulatory requirements regarding F-1 nonimmigrant students who are Hong Kong residents as the Secretary determines to be appropriate.  

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

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