Deferred Enforced Departure
Alert: On Jan. 26, 2023, President Biden announced the extension of Deferred Enforced Departure (DED) for eligible Hong Kong residents for 2 years. Eligible Hong Kong residents include those who have arrived in the United States since Aug. 2021, as well as those who were covered under the initial decision. This extension provides Hong Kong residents who are concerned about returning to Hong Kong with temporary safe haven in the United States. USCIS will issue a Federal Register notice as soon as possible to implement the president’s announcement.
On Jan. 26, 2023, President Biden announced the extension of Deferred Enforced Departure (DED) for eligible Hong Kong residents for 2 years. Eligible Hong Kong residents include those who have arrived in the United States since Aug. 2021, as well as those who were covered under the initial decision. This extension provides Hong Kong residents who are concerned about returning to Hong Kong with temporary safe haven in the United States. USCIS will issue a Federal Register notice as soon as possible to implement the president’s announcement.
DED is in the president’s discretion to authorize as part of his constitutional power to conduct foreign relations. Although DED is not a specific immigration status, individuals covered by DED are not subject to removal from the United States, usually for a designated period of time.
ALERT: If you are currently covered under Deferred Enforced Departure (DED) for Hong Kong and you have an Employment Authorization Document valid until Feb. 5, 2023, please wait until we provide additional guidance from the Department of Homeland Security. You do not need to file a new application at this time.
ALERT: Deferred Enforced Departure (DED) for Venezuela expired on July 20, 2022. Venezuelans and individuals without nationality who last habitually resided in Venezuela who wish to apply for Temporary Protected Status (TPS) under the existing designation, including those who were covered under the January 2021 grant of DED, may apply for TPS before the registration period ends Sept. 9, 2022. You must meet all eligibility requirements for TPS Venezuela before we may grant your application.
For more information, please visit the TPS for Venezuela page.
ALERT: On June 27, 2022, President Biden issued a Memorandum on Extending and Expanding Eligibility for Deferred Enforced Departure for Liberians to the Secretaries of State and Homeland Security that defers through June 30, 2024, the removal of any Liberian national, or person without nationality who last habitually resided in Liberia, who is present in the United States and who was covered under Deferred Enforced Departure (DED) as of June 30, 2022. It also defers the removal of any Liberian national, or person without nationality who last habitually resided in Liberia, who has been continuously physically present in the United States since May 20, 2017.
In addition, President Biden continued through June 30, 2024, employment authorization for individuals included in these categories.
We will publish a Federal Register notice as soon as possible to implement the president’s memorandum.
DED is in the president’s discretion to authorize as part of his constitutional power to conduct foreign relations. Although DED is not a specific immigration status, individuals covered by DED are not subject to removal from the United States for a designated period of time.
Individuals Currently Covered Under DED
| DED Directive | Effective Date of DED | DED Extended Through | EAD Automatically Extended Through |
|---|---|---|---|
| Liberia | Oct. 1, 2007 (by President George W. Bush’s order of Sept. 12, 2007) | June 30, 2024 | June 30, 2024 |
| Hong Kong | Aug. 5, 2021, through Feb. 5, 2023 (by President Joe Biden’s order of Aug. 5, 2021) | N/A | N/A |
| Venezuela | Jan. 20, 2021, through July 20, 2022 (by President Donald J. Trump’s order of Jan. 19, 2021) | N/A | N/A |
DED Eligibility
Eligibility requirements for Deferred Enforced Departure (DED) are based on the terms the president specifies in each DED directive. Each presidential directive includes the criteria for an individual to be covered by DED and certain exceptions for individuals who are not covered.
Working in the United States
If DHS provides work authorization as a benefit of DED for your country, then you may request an employment authorization document by filing Form I-765, Application for Employment Authorization.
Automatic Employment Authorization Document (EAD) Extension
Sometimes DHS must issue a blanket automatic extension of the expiring EADs for DED beneficiaries of a specific country to allow time to issue EADs with new validity dates. USCIS will usually publish a notice in the Federal Register announcing automatic extensions. The notice will tell you if your EAD has been automatically extended and until what date.
Unless you are found to no longer be eligible for DED, you may show your DED-related EAD that has expired and a copy of the Federal Register notice to employers and government agencies (federal, state, and local). Employers are advised that they may rely on the Federal Register notice as evidence of the continuing validity of your EAD.
If you are an employer or government agency with questions or concerns about the automatic EAD extension, you may contact:
- USCIS Form I-9 Support: 888-464-4218
- U.S. Department of Justice, Immigrant, and Employee Rights Section (IER) Employer Hotline: 800-255-8155
If you are an employee with questions or concerns about the automatic EAD extension, you may contact the Department of Justice, Civil Rights Division, Immigrant and Employee Rights Section Worker Hotline at 800-255-7688.
Travel Outside the United States
If DHS provides travel authorization as a benefit of DED for your country, you must file for advance parole if you wish to travel. Advance parole gives you permission to leave the United States and return during a specified period. To request advance parole, you must file Form I-131, Application for Travel Document.
If you leave the United States without first receiving advance parole, you may no longer be eligible for DED and may not be permitted to reenter the United States.