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[Federal Register Volume 90, Number 11 (Friday, January 17, 2025)]
[Presidential Documents]
[Pages 6749-6750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01466]



                        Presidential Documents 



Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / 
Presidential Documents

[[Page 6749]]

                Memorandum of January 15, 2025

                
Extending and Expanding Eligibility for Deferred 
                Enforced Departure for Certain Hong Kong Residents

                Memorandum for the Secretary of State [and] the 
                Secretary of Homeland Security

                The United States supports the human rights and 
                fundamental freedoms of the residents of Hong Kong. The 
                People's Republic of China (PRC) has continued to 
                significantly erode those rights and freedoms. I am 
                therefore directing an extension and expansion of the 
                deferral of removal of certain Hong Kong residents, 
                regardless of country of birth, who are present in the 
                United States.

                By unilaterally imposing on Hong Kong the Law of the 
                People's Republic of China on Safeguarding National 
                Security in the Hong Kong Special Administrative Region 
                (NSL) in June 2020, the PRC has undermined the 
                enjoyment of rights and freedoms in Hong Kong, 
                including those protected under the Basic Law and the 
                Sino-British Joint Declaration. Following the NSL's 
                enactment, the PRC has continued its assault on Hong 
                Kong's autonomy, undermining its remaining democratic 
                processes and institutions, imposing limits on academic 
                freedom, and cracking down on freedom of the press. 
                Since June 2020, at least 200 opposition politicians, 
                activists, and protesters have been taken into custody 
                on politically motivated NSL-related charges including 
                secession, subversion, terrorist activities, and 
                collusion with a foreign country or external elements. 
                On November 19, 2024, Hong Kong authorities also 
                sentenced 45 pro-democracy advocates to prison for 
                their peaceful participation in political activities 
                protected under the Basic Law of Hong Kong.

                There are compelling foreign policy reasons to extend 
                Deferred Enforced Departure (DED) for an additional 
                period for those residents of Hong Kong presently 
                residing in the United States who were under a grant of 
                DED until February 5, 2025, as well as to defer 
                enforced departure for other Hong Kong residents who 
                arrived in the United States subsequent to the initial 
                grant of DED. The United States is committed to a 
                foreign policy that unites our democratic values with 
                our foreign policy goals, which is centered on the 
                defense of democracy and the promotion of human rights 
                around the world. Offering safe haven for Hong Kong 
                residents who have been deprived of their guaranteed 
                freedoms in Hong Kong furthers United States interests 
                in the region. The United States will continue to stand 
                firm in our support of the people in Hong Kong.

                Pursuant to my constitutional authority to conduct the 
                foreign relations of the United States, I have 
                determined that it is in the foreign policy interest of 
                the United States to defer for 24 months the removal of 
                any Hong Kong resident, regardless of country of birth, 
                who is present in the United States on the date of this 
                memorandum, except for those:

                    (1) who have voluntarily returned to Hong Kong or 
                the PRC after the date of this memorandum;
                    (2) who have not continuously resided in the United 
                States since the date of this memorandum;
                    (3) who are inadmissible under section 212(a)(3) of 
                the Immigration and Nationality Act (INA) (8 U.S.C. 
                1182(a)(3)) or deportable under section 237(a)(4) of 
                the INA (8 U.S.C. 1227(a)(4));

[[Page 6750]]

                    (4) who have been convicted of any felony or two or 
                more misdemeanors committed in the United States, or 
                who meet any of the criteria set forth in section 
                208(b)(2)(A) of the INA (8 U.S.C. 1158(b)(2)(A));
                    (5) who are subject to extradition;
                    (6) whose presence in the United States the 
                Secretary of Homeland Security has determined is not in 
                the interest of the United States or presents a danger 
                to public safety; or
                    (7) whose presence in the United States the 
                Secretary of State has reasonable grounds to believe 
                would have potentially serious adverse foreign policy 
                consequences for the United States.

                I further direct the Secretary of Homeland Security to 
                take appropriate measures to authorize employment for 
                noncitizens whose removal has been deferred, as 
                provided by this memorandum, for the duration of such 
                deferral, including by extending through February 5, 
                2027, employment authorization for individuals with 
                current employment authorization under prior grants of 
                DED for certain Hong Kong residents, and to consider 
                suspending regulatory requirements with respect to F-1 
                nonimmigrant students who are Hong Kong residents as 
                the Secretary of Homeland Security determines to be 
                appropriate. The Secretary of Homeland Security shall 
                also provide for the prompt issuance of new or 
                replacement documents in appropriate cases.

                    The Secretary of Homeland Security is authorized 
                and directed to publish this memorandum in the Federal 
                Register.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, January 15, 2025

[FR Doc. 2025-01466
Filed 1-16-25; 2:00 pm]
Billing code 4410-10-P
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