Presidential Documents

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


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43588 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Presidential Documents 

(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. 

THE WHITE HOUSE, 

Washington, August 5, 2021 

[FR Doc. 2021–17122 

Filed 8–9–21; 8:45 am] 

Billing code 4410–10–P 


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