President Biden Extends Deferred Enforced Departure (DED) for Hong Kong Residents
Before leaving office, on January 12, 2025, President Joe Biden announced the extension of Deferred Enforced Departure (DED) for eligible Hong Kong residents. This extension, lasting for twenty-four (24) months, provides temporary protection for individuals from Hong Kong who are currently in the United States and are unable to return to Hong Kong due to the political and social climate there. For eligible Hong Kong residents, the U.S. government will issue a Federal Register notice to formally implement these changes and provide more guidance on the process.
What is Deferred Enforced Departure (DED)?
DED is a discretionary act by the President, as part of his constitutional authority to manage foreign relations. While DED is not a formal immigration status, it ensures that individuals covered by DED are not removed from the U.S. for a designated period. In this case, the extension applies to residents from Hong King who have been in the U.S. since August 5, 2021.
Work Authorization
Hong Kong residents who qualify for DED are also eligible for work authorization during this period. The extension of their employment authorization will last until February 5, 2027. For those who are affected by this order, their employment authorization may automatically be extended through this date, regardless of the printed expiration date on their EAD.
Key Dates and Updates
- January 12, 2025: President Biden’s memorandum extends DED for 24 months for eligible Hong Kong residents.
- February 5, 2027: This date marks the new end date for the DED extension, with continued work authorization granted to eligible individuals.
For those who have an Employment Authorization Document (EAD) related to DED that expired on February 5, 2023, or February 5, 2025, USCIS will automatically extend the validity of these EADs until February 5, 2027.
Who is Eligible for DED Protection?
The extension of DED applies to certain Hong Kong residents who:
- Were present in the United States as of January 26, 2023.
- Were already covered under the initial DED decision.
The DED allows these individuals to stay in the United States without the fear of deportation providing them with a safe haven for the next 24 months.
Who is Excluded from DED Protection?
Not all Hong Kong residents are covered by the extension. The following individuals are excluded from the DED extension:
- Those who voluntarily returned to Hong Kong or the People’s Republic of China after January 26, 2023.
- Individuals who have not continuously resided in the United States since January 26, 2023.
- Those who are deemed inadmissible or deportable based on certain sections of the Immigration and Nationality Act (INA).
- Those convicted of serious criminal offenses, including felonies or multiple misdemeanors, committed in the U.S.
- People whose presence in the U.S. is considered contrary to national security or foreign policy interests, or subject to extradition.
Documentation Requirements
To prove eligibility for DED, the foreign national must show that they are a Hong Kong resident. This can be done through official documents such as:
- Hong Kong Special Administration Region (HKSAR) passport
- British National Overseas passport
- British Overseas Citizen passport
- Hong Kong permanent Identity Card
- HKSAR Document of Identity for Visa purposes
In order to establish presence/continuous residence in the U.S., the eligible applicant may show the following documentation:
- Passport, passport entries
- Form I-94, Arrival-Departure Record
- Employment records
- Rent receipts, utility bills or receipts, letters from companies showing when the applicant received services at their homes
- Bank books with dates of transactions, money order receipts
- Selective Service card
- Attestations by churches, unions, or other organizations of the applicant’s residence
- Affidavits
- Birth certificates of children born in the United States
- Correspondence between the applicant and others
- Social Security card
As this matter is subject to further updates, we encourage our readers to check the website regularly for updates regarding this and all matters regarding immigration law. Pasricha & Patel’s immigration department has extensive experience in handling business and personal immigration matters. Our team is happy to speak to you on your specific issues.