Biden Grants Deferred Enforced Departure (DED) to Hong Kong Residents
Today, August 5, 2021, President Biden granted Deferred Enforced Departure (DED) to Hong Kong residents in the U.S. The initial DED period runs for 18 months thru February 4, 2023. As in the case of prior designations, Biden may extend Hong Kong DED to a longer period.
DED is not a “status” like Temporary Protected Status (TPS) or permanent residency. Historically, DED has functioned differently depending on the specific Presidential mandate. Generally, it functions very similarly to TPS. In this case, Biden’s Hong Kong DED protects against deportation and allows for U.S. work authorization. Biden has also directed DHS Secretary Mayorkas to consider suspending certain requirements for Hong Kong students in the U.S. on F-1 visas. In coming weeks, we expect more clarity on how Hong Kong DED will be implemented.
Generally, all residents of Hong Kong continually present in the United States since August 5, 2021 are eligible for DED—with some exceptions. “Voluntary” return to Hong Kong or China after August 5, 2021 will render one ineligible. So too will certain criminal convictions, terrorism- or persecution-related acts, and several other grounds outlined in Biden’s Memo.
