Deferred Enforced Departure for Certain Palestinians

President Biden directed the deferral of removal for 18 months for Palestinians present in the U.S. as of February 14, 2024, due to deteriorating humanitarian conditions in Gaza following the October 7, 2023 Hamas attack and Israel's military response. The memorandum also authorizes employment for deferred individuals and directs consideration of suspending regulatory requirements for Palestinian F-1 students, with exclusions for those posing security risks, with criminal records, or whose presence is deemed against U.S. interests.

Federal Register Open PDF 89 FR 12743

Impact dates

Date TBD
Secretary of Homeland Security to consider suspending F-1 regulatory requirements
Aug 14, 2025
18-month deferral of removal expires

Key directives

Defer removal of eligible Palestinians for 18 months
Authorize employment for deferred noncitizens for duration of deferral
Consider suspending regulatory requirements for Palestinian F-1 students
Publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

Deferral of removal takes effect for eligible Palestinians present in U.S. on signing date
Employment authorization for deferred noncitizens begins

Near term (90d)

Secretary of Homeland Security to consider suspending regulatory requirements for Palestinian F-1 students
Federal Register publication of memorandum

Long term

18-month deferral period expires August 14, 2025
Potential need for extension or policy transition

Risks & tensions

Exclusion criteria (sections 3-7) leave broad discretion to Secretaries, creating uncertainty for some applicants
Foreign policy nexus may invite legal challenges regarding presidential authority scope
Timing amid 2024 election cycle may affect implementation continuity
No explicit provision for renewal or pathway to permanent status creates cliff effect