[Federal Register Volume 86, Number 151 (Tuesday, August 10, 2021)]
[Presidential Documents]
[Pages 43587-43588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17122]




                        Presidential Documents 



Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / 
Presidential Documents

[[Page 43587]]


                Memorandum of August 5, 2021

                
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. 
                Recognizing the significant erosion of those rights and 
                freedoms in Hong Kong by the People's Republic of China 
                (PRC), I am directing the deferral of removal of 
                certain Hong Kong residents 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), 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. Since the imposition of the NSL in June 
                2020, Hong Kong police have continued a campaign of 
                politically motivated arrests, taking into custody at 
                least 100 opposition politicians, activists, and 
                protesters on NSL-related charges including secession, 
                subversion, terrorist activities, and collusion with a 
                foreign country or external elements. Over 10,000 
                individuals have been arrested for other charges in 
                connection with anti-government protests. Over the last 
                year, 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.

                There are compelling foreign policy reasons to defer 
                enforced departure for Hong Kong residents presently in 
                the United States. 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 not waver in our 
                support of 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 18 months the removal of 
                any Hong Kong resident subject to the conditions and 
                exceptions provided below.

                Accordingly, I hereby direct the Secretary of Homeland 
                Security to take appropriate measures to defer for 18 
                months the removal of any Hong Kong resident 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 43588]]

                    (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, 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 is authorized and 
                directed to publish this memorandum in the Federal 
                Register.
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, August 5, 2021

[FR Doc. 2021-17122
Filed 8-9-21; 8:45 am]
Billing code 4410-10-P