Presidential Document2023-02093
Extending and Expanding Eligibility for Deferred Enforced Departure for Certain Hong Kong Residents
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 31, 2023
Signed
January 26, 2023
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 88 Issue 20 (Tuesday, January 31, 2023)</title>
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[Federal Register Volume 88, Number 20 (Tuesday, January 31, 2023)]
[Presidential Documents]
[Pages 6143-6144]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02093]
Presidential Documents
Federal Register / Vol. 88, No. 20 / Tuesday, January 31, 2023 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 6143]]
Memorandum of January 26, 2023
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 erode
those rights and freedoms, and as such I am directing
an extension and expansion of 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) 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. 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 150
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. Over 1,200 political
prisoners are now behind bars, and over 10,000
individuals have been arrested for other charges in
connection with anti-government protests.
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, 2023, 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 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 6144]]
(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 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.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
THE WHITE HOUSE,
Washington, January 26, 2023
[FR Doc. 2023-02093
Filed 1-30-23; 8:45 am]
Billing code 4410-10-P
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</html>Indexed from Federal Register on January 31, 2023.
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