[Federal Register Volume 87, Number 124 (Wednesday, June 29, 2022)]
[Presidential Documents]
[Pages 38871-38873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14082]



[[Page 38869]]

Vol. 87

Wednesday,

No. 124

June 29, 2022

Part III





The President





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Memorandum of June 27, 2022--Extending and Expanding Eligibility for 
Deferred Enforced Departure for Liberians


                        Presidential Documents 



Federal Register / Vol. 87 , No. 124 / Wednesday, June 29, 2022 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 38871]]

                Memorandum of June 27, 2022

                
Extending and Expanding Eligibility for Deferred 
                Enforced Departure for Liberians

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

                Since 1991, the United States has provided safe haven 
                for Liberians who were forced to flee their country as 
                a result of armed conflict and widespread civil strife, 
                in part through the grant of Temporary Protected Status 
                (TPS). The armed conflict ended in 2003, and TPS for 
                affected Liberian nationals ended effective October 1, 
                2007. President Bush then deferred the enforced 
                departure of those Liberians originally granted TPS. 
                President Obama, in successive memoranda, extended that 
                grant of Deferred Enforced Departure (DED) to March 31, 
                2018. President Trump then determined that conditions 
                in Liberia did not warrant a further extension of DED, 
                but that the foreign policy interests of the United 
                States warranted an orderly transition period for 
                Liberian DED beneficiaries. President Trump later 
                extended that DED transition period through March 30, 
                2020.

                In December 2019, the Congress enacted the National 
                Defense Authorization Act for Fiscal Year 2020 (Public 
                Law 116-92) (NDAA), which included, as section 7611, 
                the Liberian Refugee Immigration Fairness (LRIF) 
                provision. The LRIF provision, with limited exceptions, 
                makes Liberians who have been continuously present in 
                the United States since November 20, 2014, as well as 
                their spouses and children, eligible for adjustment of 
                status to that of lawful permanent resident (LPR). The 
                NDAA gave eligible Liberian nationals until December 
                20, 2020, to apply for this adjustment of status. After 
                the enactment of the LRIF provision, President Trump 
                further extended the DED transition period through 
                January 10, 2021, to ensure that DED beneficiaries 
                would continue to be eligible for employment 
                authorization during the LRIF application period.

                The LRIF application process was new and complex, 
                resulting in some procedural and administrative 
                challenges. Recognizing these difficulties, the 
                Congress enacted a 1-year extension to the application 
                period in section 901 of the Consolidated 
                Appropriations Act, 2021 (Public Law 116-260). That 
                legislation, however, did not provide for continued 
                employment authorization past January 10, 2021. Through 
                my memorandum of January 20, 2021 (Reinstating Deferred 
                Enforced Departure for Liberians), DED was subsequently 
                reinstated through June 30, 2022, in order to permit 
                employment authorization for eligible Liberians while 
                they made their applications for adjustment of status 
                under the LRIF provision.

                There are compelling foreign policy reasons to extend 
                DED for an additional period for those Liberians 
                presently residing in the United States who were under 
                a grant of DED until June 30, 2022, as well as to defer 
                enforced departure for Liberians who have been 
                continuously present in the United States since May 20, 
                2017. In addition to updating the continuous presence 
                requirement, I have also determined that it is 
                appropriate to include qualifying Liberians whose LRIF 
                applications have been denied for reasons other than 
                ineligibility under sections 7611(b)(1)(C) and (b)(3) 
                of the NDAA in this DED designation. In particular, 
                this includes providing protection from removal to 
                those who arrived in the United States during a time 
                when conditions prevented them from returning safely, 
                including through May 20, 2017, and have since 
                established family and community ties in the

[[Page 38872]]

                United States. Providing protection from removal and 
                work authorization to these Liberians, for whom we have 
                long authorized TPS or DED in the United States, 
                including while they complete the LRIF status-
                adjustment process, honors the historic close 
                relationship between the United States and Liberia and 
                is in the foreign policy interests of the United 
                States.

                Pursuant to my constitutional authority to conduct the 
                foreign relations of the United States, I have 
                determined that it is in the foreign policy interests 
                of the United States to defer through June 30, 2024, 
                the removal of any Liberian national, or person without 
                nationality who last habitually resided in Liberia, who 
                is present in the United States and who was under a 
                grant of DED as of June 30, 2022, as well as any 
                Liberian national, or person without nationality who 
                last habitually resided in Liberia, who has been 
                continuously physically present in the United States 
                since May 20, 2017. I have also determined that any 
                Liberian national, or person without nationality who 
                last habitually resided in Liberia, who was under a 
                grant of DED as of June 30, 2022, or who has been 
                continuously physically present in the United States 
                since May 20, 2017, should have continued employment 
                authorization through June 30, 2024.

                The Secretary of Homeland Security shall promptly 
                direct the appropriate officials to make provision, by 
                means of a notice published in the Federal Register, 
                for immediate allowance of employment authorization for 
                those Liberians who held appropriate DED-related 
                employment authorization documents as of June 30, 2022, 
                or those Liberian nationals who have been continuously 
                present in the United States since May 20, 2017. The 
                Secretary of Homeland Security shall also provide for 
                the prompt issuance of new or replacement employment 
                authorization documents in appropriate cases.

                This grant of DED and continued employment 
                authorization shall apply to any Liberian DED 
                beneficiary as of June 30, 2022, or any Liberian 
                national who has been continuously present in the 
                United States since May 20, 2017, but shall not apply 
                to such persons in the following categories:

                    (1) individuals who would be ineligible for TPS for 
                the reasons provided in section 244(c)(2)(B) of the 
                Immigration and Nationality Act, 8 U.S.C. 
                1254a(c)(2)(B);
                    (2) individuals who sought or seek LPR status under 
                the LRIF provision but whose applications have been or 
                are denied by the Secretary of Homeland Security due to 
                ineligibility for the LRIF provision under sections 
                7611(b)(1)(C) and (b)(3) of the NDAA;
                    (3) individuals whose removal the Secretary of 
                Homeland Security determines is in the interest of the 
                United States, subject to the LRIF provision;
                    (4) individuals whose presence or activities 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;
                    (5) individuals who have voluntarily returned to 
                Liberia or their country of last habitual residence 
                outside the United States for an aggregate period of 
                180 days or more, as specified in subsection (c)(2) of 
                the LRIF provision; or
                    (6) individuals who are subject to extradition.

                Accordingly, I hereby direct the Secretary of Homeland 
                Security to take the necessary steps to implement for 
                eligible Liberians:

                    (1) a deferral of enforced departure from the 
                United States through June 30, 2024, effective 
                immediately; and
                    (2) authorization for employment valid through June 
                30, 2024.

[[Page 38873]]

                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, June 27, 2022

[FR Doc. 2022-14082
Filed 6-28-22; 11:15 am]
Billing code 4410-10-P