United States: DHS Announces Details on Deferred Enforced Departure and a New Temporary Protected Status Designation for Certain Lebanese Nationals in the United States

Background on DED and its related benefits

Deferred Enforced Departure (DED) is not a specific immigration status, but rather is a discretionary grant of protection that can be issued only by a president as part of their constitutional power to conduct foreign relations. It is used in very limited instances.

Individuals covered by DED are not subject to removal from the United States for a certain period of time. Since DED is a directive to defer removal of a defined class of individuals, rather than a specific immigration status, there is no DED application form required for an individual to be covered by DED. Individuals covered by DED who wish to work must apply for an EAD work permit, however.

In addition to Lebanese nationals, DED is currently available to certain residents of Hong Kong, Liberian nationals and Palestinians.

Individuals covered by Lebanese DED

The DED declaration covers eligible Lebanese nationals – regardless of place of birth or country of last habitual residence – who were present in the United States on July 26, 2024 and who have continuously resided in the United States since that date.

Individuals not covered

Individuals will not benefit from Lebanon DED protection if any of the following apply:

• they were not present in the United States on July 26, 2024;
• they have not continuously resided in the United States since July 26, 2024;
• they have voluntarily returned to Lebanon after July 26, 2024;
• they are inadmissible or removable under certain security-related grounds;
• they have been convicted of a felony or two or more misdemeanors committed in the United States;
• they are subject to extradition, or to certain statutory bars to asylum;
• DHS has determined that their presence in the United States is not in the U.S. interest or presents a danger to public safety; or
• The U.S. Department of State has reasonable grounds to believe that their presence in the United States would have potentially serious adverse foreign policy consequences.

In a related action, DHS is relaxing employment authorization rules for Lebanese students in lawful F-1 student status who are experiencing severe economic hardship as a direct result of the current humanitarian crisis in Lebanon.

Eligible students can request employment authorization, work an increased number of hours while school is in session, and reduce their course load, while continuing to maintain a “full course of study” designation. As with DED, the relaxed rules for Lebanese F-1 students will be in effect from July 26, 2024 until January 25, 2026.

To qualify, F-1 students must establish that they:

• are a citizen of Lebanon regardless of country of birth (or an individual having no nationality who last habitually resided in Lebanon);
• were lawfully present in the United States in F-1 status on July 26, 2024;
• are enrolled in an academic institution that is Student and Exchange Visitor Program (SEVP)-certified;
• are currently maintaining F-1 status; and
• are experiencing severe economic hardship as a direct result of the current humanitarian crisis in Lebanon.

F-1 students who receive authorization from their Designated School Officer (DSO) to work off-campus must apply for an EAD by submitting the required application form and corresponding fee (or fee waiver request). F-1 students who will be working on-campus do not need to file for an EAD but do require DSO authorization. 

In the coming weeks, DHS is expected to publish a Federal Register notice containing details and filing instructions for those who qualify for the new Lebanon TPS designation. The notice will include information on applying for TPS and on applying for a corresponding employment authorization document that beneficiaries may use to work in the United States during the TPS designation period.

In addition to having continuously resided in the United States since October 16, 2024, eligible TPS applicants must also meet all other eligibility requirements and undergo security and background checks.

Lebanese nationals who believe they are eligible for DED and wish to work in the United States are encouraged to apply for employment authorization. Lebanese nationals in F-1 status should reach out to their school’s DSO to determine whether they can avail themselves of the relaxed employment authorization standards. 

Individuals who believe they may be eligible for Temporary Protected Status under the new designation for Lebanon should expect more details from DHS on the new designation and application process in the coming weeks.