United States: Extension of Deferred Enforced Departure (DED) for Certain Hong Kong Residents
January 21, 2025
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At a glance
- Before leaving office, former President Biden issued a Memorandum to extend the deferral of removal of certain Hong Kong residents for an additional two-year period, through February 5, 2027.
- The Memorandum authorizes the DED extension to include eligible Hong Kong residents who arrived in the United States subsequent to the initial grant of DED in August 2021.
A closer look
During his last week in office, former President Biden announced that Deferred Enforced Departure (DED) for Hong Kong residents – which was set to expire on February 5, 2025 – is being extended for an additional two-year period, through February 5, 2027. The Presidential Memorandum includes eligible Hong Kong residents who are currently protected by DED as well as those who arrived in the United States after the initial grant of DED was announced on August 5, 2021.
DED beneficiaries are eligible to apply for employment authorization.
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 and typically may request employment authorization during the designation period. There is no application form required for an individual to be covered by DED; however, those who wish to work must apply for an EAD work permit. DED is currently available to Palestinians, Liberians, Lebanese, and residents of Hong Kong.
Individuals covered by Hong Kong DED
The DED declaration covers eligible Hong Kong residents – regardless of country of birth – who were present in the United States on January 15, 2025, and who have continuously resided in the United States since that date.
Individuals not covered by Hong Kong DED
Individuals will not benefit from Hong Kong DED protection if any of the following apply:
- they were not present in the United States on January 15, 2025;
- they have not continuously resided in the United States since January 15, 2025;
- they have voluntarily returned to Hong Kong after January 15, 2025;
- 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;
- 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.
Looking ahead
Typically, following a president’s DED announcement, the Department of Homeland Security (DHS) issues a Federal Register notice with details on how eligible foreign nationals may apply for DED employment authorization. The Trump Administration took office on January 20, 2025 and has the authority to issue the Federal Register implementing the DED extension. Fragomen is monitoring Hong Kong DED and will issue client alerts as details emerge.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
