Presidential Document2021-17122
Deferred Enforced Departure for Certain Hong Kong Residents
Primary source
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Published
August 10, 2021
Signed
August 5, 2021
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 86 Issue 151 (Tuesday, August 10, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
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</html>Indexed from Federal Register on August 10, 2021.
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