President Extends Hong Kong Residents' Get-Out-of-Deportation-Free Card
Published Date: 1/17/2025
Presidential Document
Summary
The U.S. is extending and expanding protection for certain Hong Kong residents living here by delaying their forced return to Hong Kong. This helps people affected by China’s crackdown on freedoms and democracy in Hong Kong. The new protections apply to more people and last beyond February 5, 2025, giving them more time and peace of mind while staying in the U.S.
Analyzed Economic Effects
5 provisions identified: 4 benefits, 1 costs, 0 mixed.
24‑Month Deferred Enforced Departure
If you are a Hong Kong resident present in the United States on January 15, 2025, your removal is deferred for 24 months (through January 15, 2027), regardless of your country of birth, unless you fall into one of the listed exceptions.
Who Is Excluded From the DED
Certain people are excluded from the 24‑month DED: those who voluntarily returned to Hong Kong or the PRC after January 15, 2025; those who have not continuously resided in the U.S. since that date; people inadmissible under INA section 212(a)(3) (8 U.S.C. 1182(a)(3)) or deportable under INA section 237(a)(4) (8 U.S.C. 1227(a)(4)); anyone convicted of any felony or two or more misdemeanors in the U.S. or who meet criteria in INA 208(b)(2)(A) (8 U.S.C. 1158(b)(2)(A)); persons subject to extradition; and persons whose presence is found by DHS or the Secretary of State to be not in the U.S. interest, a danger to public safety, or likely to cause serious adverse foreign policy consequences.
Work Authorization Extended for DED Recipients
The Secretary of Homeland Security is directed to authorize employment for noncitizens whose removal is deferred under this memorandum for the duration of the deferral. For individuals with current employment authorization under prior DED grants for certain Hong Kong residents, employment authorization is to be extended through February 5, 2027.
Possible Relief for F‑1 Hong Kong Students
The Secretary of Homeland Security is directed to consider suspending regulatory requirements with respect to F‑1 nonimmigrant students who are Hong Kong residents, as the Secretary determines appropriate.
Prompt Issuance of Documents for DED Individuals
The Secretary of Homeland Security shall provide for the prompt issuance of new or replacement documents in appropriate cases for individuals whose removal is deferred under this memorandum.
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