Deferred Enforced Departure for Certain Hong Kong Residents

This memorandum directs the Secretary of Homeland Security to defer for 18 months the removal of Hong Kong residents present in the U.S. as of August 5, 2021, citing erosion of rights and freedoms under China's National Security Law. It also authorizes employment for deferred individuals and directs consideration of regulatory relief for F-1 student visa holders from Hong Kong.

Federal Register Open PDF 86 FR 43587

Impact dates

Date TBD
Secretary of Homeland Security to publish memorandum in Federal Register
Feb 5, 2023
18-month deferral of removal expires

Key directives

Defer removal of Hong Kong residents present in U.S. on August 5, 2021 for 18 months
Authorize employment for deferred noncitizens for duration of deferral
Consider suspending regulatory requirements for F-1 nonimmigrant students who are Hong Kong residents
Publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

Deferral of removal takes effect for eligible Hong Kong residents present in U.S. on signing date
Authorization for employment for deferred noncitizens begins

Near term (90d)

Secretary of Homeland Security to publish memorandum in Federal Register
Potential suspension of regulatory requirements for F-1 students to be considered

Long term

18-month deferral period expires February 5, 2023
Potential need for renewal or alternative immigration status for affected individuals

Risks & tensions

Exclusion criteria (INA security grounds, criminal history, extradition, public safety, adverse foreign policy) create significant discretionary authority for Secretaries
Vague 'appropriate measures' and 'consider suspending' language for F-1 students leaves implementation uncertain
No pathway to permanent status creates cliff effect when deferral expires
Potential PRC diplomatic retaliation for U.S. characterization of Hong Kong situation