Notice2024-07866
Implementation of Employment Authorization for Individuals Covered by Deferred Enforced Departure for Certain Palestinians
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
April 15, 2024
Issuing agencies
Homeland Security DepartmentU.S. Citizenship and Immigration Services
Abstract
On February 14, 2024, President Joseph Biden issued a memorandum to the Secretary of State and the Secretary of Homeland Security (Secretary) determining that it was in the foreign policy interest of the United States to defer for 18 months, the removal of certain Palestinians present in the United States and to provide them with employment authorization documentation. The memorandum directed the Secretary to make provision for immediate allowance of employment authorization for such individuals. This notice provides information about Deferred Enforced Departure (DED) for Palestinians and provides information on how eligible individuals may apply for DED-based Employment Authorization Documents (EADs) with USCIS, as well as for travel authorization.
Full Text
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<title>Federal Register, Volume 89 Issue 73 (Monday, April 15, 2024)</title>
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[Federal Register Volume 89, Number 73 (Monday, April 15, 2024)]
[Notices]
[Pages 26167-26170]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07866]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2771-24; DHS Docket No. USCIS-2024-0001; RIN 1615-ZC08]
Implementation of Employment Authorization for Individuals
Covered by Deferred Enforced Departure for Certain Palestinians
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).
ACTION: Notice of employment authorization for individuals covered by
Deferred Enforced Departure (DED).
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SUMMARY: On February 14, 2024, President Joseph Biden issued a
memorandum to the Secretary of State and the Secretary of Homeland
Security (Secretary) determining that it was in the foreign policy
interest of the United States to defer for 18 months, the removal of
certain Palestinians present in the United States and to provide them
with employment authorization documentation. The memorandum directed
the Secretary to make provision for immediate allowance of employment
authorization for such individuals. This notice provides information
about Deferred Enforced Departure (DED) for Palestinians and provides
information on how eligible individuals may apply for DED-based
Employment Authorization Documents (EADs) with USCIS, as well as for
travel authorization.
DATES: DED for eligible Palestinian noncitizens covered by this notice
began on February 14, 2024, and ends on August 13, 2025.
FOR FURTHER INFORMATION CONTACT:
<bullet> You may contact Ren[aacute] Cutlip-Mason, Chief,
Humanitarian Affairs Division, Office of Policy and Strategy, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
by mail at 5900 Capital Gateway Drive, Camp Springs, MD 20746, or by
phone at 240-721-3000.
<bullet> For further information on DED, including additional
information on eligibility, please visit the USCIS DED web page at
<a href="https://www.uscis.gov/humanitarian/deferred-enforced-departure">https://www.uscis.gov/humanitarian/deferred-enforced-departure</a>. You can
find specific information about DED for certain Palestinians by
selecting ``Individuals Covered by DED--Palestinian Territories'' from
the menu on the left of the DED web page.
<bullet> If you have additional questions about DED, please visit
<a href="https://www.uscis.gov/tools">https://www.uscis.gov/tools</a>. Our online virtual assistant, Emma, can
answer many of your questions and point you to additional information
on our website. If you are unable to find your answers there, you may
also call our USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).
<bullet> Applicants seeking information about the status of their
individual I-765, EAD Application for Employment Authorization, or I-
131, Application for Travel Document, cases may check Case Status
Online, available on the USCIS website at <a href="https://www.uscis.gov">https://www.uscis.gov</a>, or
visit the USCIS Contact Center at <a href="https://www.uscis.gov/contactcenter">https://www.uscis.gov/contactcenter</a>.
<bullet> Further information will also be available at local USCIS
offices upon publication of this Notice.
SUPPLEMENTARY INFORMATION:
Definitions
For the purposes of this notice, USCIS intends to cover non-U.S.
citizens of any nationality, or without nationality, who are
Palestinian. USCIS will evaluate claims for DED employment
authorization and advance travel authorization based on authentic
documents,\1\ regardless of validity period \2\ or expiration,
indicating the applicant is Palestinian, including, but not limited to:
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\1\ On June 14, 2007, Hamas, designated as a foreign terrorist
organization by the Secretary of State in accordance with section
219 of the INA, 8 U.S.C. 1189, took de facto administrative control
of Gaza, including issuance of civil documents for the territory.
USCIS will not accept identity documents issued by Hamas after June
14, 2007, unless verified by the Palestinian Authority in the West
Bank.
\2\ The term validity period is used in reference to the length
of time a document can be used for purposes of travel or
identification prior to the expiration date.
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<bullet> a Palestinian Authority Passport;
<bullet> a Palestinian Authority Identification Card;
<bullet> a Birth Certificate or Birth Extract verified or issued by
a recognized governmental authority identifying the holder as having
been born in the Palestinian Territories;
<bullet> an identification document issued by a third country, the
United Nations, its specialized agencies and related organizations, or
the International Committee of the Red Cross, indicating the holder is
a Palestinian; or
[[Page 26168]]
<bullet> a travel document issued by a third country, the United
Nations, its specialized agencies and related organizations, or the
International Committee of the Red Cross, identifying the holder as a
Palestinian.
Table of Abbreviations
CFR--Code of Federal Regulations
DED--Deferred Enforced Departure
DHS--U.S. Department of Homeland Security
EAD--Employment Authorization Document
FNC--Final Non-confirmation
Form I-131--Application for Travel Document
Form I-765--Application for Employment Authorization
Form I-797--Notice of Action
Form I-9--Employment Eligibility Verification
Form I-912--Request for Fee Waiver
Form I-94--Arrival/Departure Record
FR--Federal Register
Government--U.S. Government
IER--U.S. Department of Justice, Civil Rights Division, Immigrant
and Employee Rights Section
INA--Immigration and Nationality Act
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
U.S.C.--United States Code
Purpose of This Action
Pursuant to the President's constitutional authority to conduct the
foreign relations of the United States, President Biden has determined
that it is in the foreign policy interest of the United States to defer
through August 13, 2025, the removal of certain Palestinians who have
resided in the United States since February 14, 2024.\3\ Through this
Notice, as directed by the President, DHS is establishing procedures
for Palestinian individuals covered by DED to apply for EADs valid
through August 13, 2025. Employment authorization and the procedures
for obtaining EADs in this Notice apply to any of the following
individuals who are not subject to any of the ineligibilities described
in President Biden's February 14, 2024 memorandum to the Secretaries of
State and Homeland Security: Palestinians, regardless of place of birth
or country or area of last habitual residence, who have resided in the
United States since February 14, 2024. Palestinians must meet all
eligibility criteria, including required documentation, for DED
described in this Notice. Finally, this Notice provides instructions
for eligible Palestinians in the United States on how to request
advance travel authorization.
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\3\ See Deferred Enforced Departure for Certain Palestinians, 89
FR 12743 (Feb. 14, 2024); Memorandum for the Secretary of State and
the Secretary of Homeland Security, Deferred Enforced Departure for
Certain Palestinians, February 14, 2024, <a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2024/02/14/memorandum-on-the-deferred-enforced-departure-for-certain-palestinians/">https://www.whitehouse.gov/briefing-room/presidential-actions/2024/02/14/memorandum-on-the-deferred-enforced-departure-for-certain-palestinians/</a>.
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What is Deferred Enforced Departure (DED)?
<bullet> DED is an administrative deferral of removal ordered by
the President. The authority to extend DED arises from the President's
constitutional authority to conduct the foreign relations of the United
States. DED has been authorized in situations where certain groups of
noncitizens may face danger if required to return to countries or any
part of such foreign countries experiencing political instability,
conflict, or other unsafe conditions, or when there are other foreign
policy reasons for allowing a designated group of noncitizens to remain
in the United States temporarily.
<bullet> Although DED is not a specific immigration status and does
not require an application to be filed with USCIS, individuals covered
by DED are not subject to removal from the United States, usually for a
designated period. Furthermore, the President may direct that the
Secretary of Homeland Security provide that certain benefits that are
authorized under the immigration laws, such as employment
authorization, be made available to the noncitizens covered by the DED
directive during the designated period.
<bullet> USCIS publishes a Federal Register notice to inform the
covered population on how to apply for any benefits provided. See
instructions for Form I-765, Application for Employment Authorization.
<bullet> The eligibility requirements for individuals who are
covered by DED are based on the terms of the President's directive
regarding DED and any relevant implementing requirements established by
DHS. Since DED is a directive to defer removal of an individual, rather
than a specific immigration status like Temporary Protected Status,
there is no DED application form required for an individual to be
covered by DED. If an individual covered by DED wants to apply for an
EAD, they must file Form I-765, Application for Employment
Authorization. Similarly, should an individual covered by DED want to
apply for advance travel authorization, they must file Form I-131,
Application for Travel Document.
Ur M. Jaddou,
Director, U.S. Citizenship and Immigration Services.
Eligibility and Employment Authorization for DED
How will I know if I am eligible for employment authorization under the
DED Presidential Memorandum for Certain Palestinians?
Consistent with the President's February 14, 2024, DED
memorandum,\4\ the procedures for employment authorization in this
Notice apply to non-U.S. citizens who are Palestinians who were present
in the United States on February 14, 2024, except for those:
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\4\ See 89 FR at 12743.
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<bullet> Who have voluntarily returned to the Palestinian
Territories after February 14, 2024;
<bullet> Who have not continuously resided in the United States
since February 14, 2024;
<bullet> Who are inadmissible under 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));
<bullet> 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));
<bullet> Who are subject to extradition;
<bullet> 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
<bullet> 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.
What will I need to file if I am covered by DED and would like to
obtain an EAD?
If you are a Palestinian covered by DED and want a DED-based EAD,
you must file Form I-765. Please carefully follow the Form I-765
instructions when completing the application for an EAD. When filing
the Form I-765, you must:
<bullet> Indicate that you are eligible for DED by entering
``(a)(11)'' in response to Question 27 on the Form I-765; and
<bullet> Submit the fee for the Form I-765 (or request a fee
waiver, which you may submit on Form I-912, Request for Fee
[[Page 26169]]
Waiver).\5\ See Fee Schedule (Form G-1055).
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\5\ On January 31, 2024, DHS published a final rule that adjusts
certain fees, including Form I-131 and the Form I-765, that went
into effect on April 1, 2024. See U.S. Citizenship and Immigration
Services Fee Schedule and Changes to Certain Other Immigration
Benefit Request Requirements, 89 FR 6194 (Jan. 31, 2024) (effective
Apr. 1, 2024). Additional information about the rule is available on
the USCIS website. Frequently Asked Questions on the USCIS Fee Rule,
USCIS, <a href="https://www.uscis.gov/forms/filing-fees/frequently-asked-questions-on-the-uscis-fee-rule">https://www.uscis.gov/forms/filing-fees/frequently-asked-questions-on-the-uscis-fee-rule</a> (last visited Feb. 7, 2024).
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Supporting Documentation
The filing instructions on Form I-765 list all the documents needed
to apply. You may also find information on the initial required
documents on the USCIS website at <a href="https://www.uscis.gov/i-765">https://www.uscis.gov/i-765</a>. If USCIS
determines after reviewing your submission that it needs additional
information, it will send you a Request for Evidence (RFE).
How will I know if I must submit my biometrics to USCIS?
If biometrics are required to produce your EAD, you will receive a
biometrics services appointment notice with the time and location of
your appointment. You can prepare for your biometrics appointment by
visiting the Preparing for Your Biometric Appointment web page at
<a href="https://www.uscis.gov/forms/filing-guidance/preparing-for-your-biometric-services-appointment">https://www.uscis.gov/forms/filing-guidance/preparing-for-your-biometric-services-appointment</a> and ensure that you bring valid photo
identification to your appointment.
Where do I find the fees for DED applicants?
You can find filing fees by visiting Form G-1055, Fee Schedule at
<a href="https://www.uscis.gov/g-1055">https://www.uscis.gov/g-1055</a> for the most current fees for DED
applicants for the Form I-765 and Form I-131. No biometrics fees are
required at the time of filing.
Where do I submit my completed DED-based Form I-765, Application for
Employment Authorization?
For a DED-based EAD, mail your completed Form I-765 and supporting
documentation to the proper address in Table 1.
Table 1--Mailing Addresses
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If you are . . . Mail to . . .
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Using the U.S. Postal Service (USPS)...... USCIS, Attn: DED for
Palestinians, P.O. Box
805283, Chicago, IL 60680-
5283.
Using FedEx, UPS, or DHL.................. USCIS, Attn: DED for
Palestinians, (Box 805283),
131 South Dearborn Street,
3rd Floor, Chicago, IL
60603-5517.
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You may file Form I-765 and Form I-131, Application for Travel
Document, together or separately. If you are filing multiple
applications, petitions, or requests, USCIS recommends sending separate
payments for each application, otherwise if one payment is submitted
and one of the applications, petitions, or requests is rejected, all
others will be rejected as well. More information on filing a Form I-
131 appears below.
Can I file my DED-based Form I-765 electronically?
No. Electronic filing is not available when filing a DED-based Form
I-765.
What happens after August 13, 2025, to DED-based EADs?
This DED authorization is set to end on August 13, 2025. After that
date, employers can no longer accept EADs with the notation A-11 under
Category and a Card Expires date of August 13, 2025. Employees will
need to present other evidence of continued work authorization.
Travel
Palestinians covered by DED may also apply for and be granted
travel authorization as a matter of discretion. You must file for
travel authorization if you wish to travel outside of the United States
and be eligible to seek re-entry to the United States. If USCIS grants
travel authorization, it generally gives you permission to leave the
United States and return during a specific period. To request travel
authorization, you must file Form I-131, available at <a href="https://www.uscis.gov/i-131">https://www.uscis.gov/i-131</a>. You may file Form I-131 together with your Form I-
765 or separately. When filing the Form I-131, you must:
<bullet> Select Item Number 1.d. in Part 2 on the Form I-131; and
<bullet> Submit the fee for the Form I-131.
If you leave the United States without first receiving travel
authorization, you may no longer be eligible for DED and may not be
permitted to reenter the United States. Please also be advised that if
you return to the Palestinian Territories, even with advance travel
authorization, you may not be permitted to resume DED in the United
States since the presidential memorandum providing for DED for
Palestinians excludes individuals who have voluntarily returned to the
Palestinian Territories after the date of the memorandum.\6\
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\6\ See 89 FR at 12743.
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Mailing Information
Mail your completed Form I-131 to the proper address provided in
Table 1.
Supporting Documentation
The filing instructions for Form I-131 list all the documents you
need to include with your application. You may also find information on
the acceptable documentation and DED eligibility on the USCIS website
at <a href="https://www.uscis.gov/humanitarian/deferred-enforced-departure">https://www.uscis.gov/humanitarian/deferred-enforced-departure</a>. If
USCIS needs additional evidence, it will issue you an RFE.
General Employment-Related Information for Individuals With DED-Based
EADs and Their Employers
How can I obtain information on the status of my EAD request?
To get case status information about your DED-based EAD request,
you can check Case Status Online at <a href="https://www.uscis.gov">https://www.uscis.gov</a>, or visit the
USCIS Contact Center at <a href="https://www.uscis.gov/contactcenter">https://www.uscis.gov/contactcenter</a>. If your
Form I-765 has been pending for more than 90 days, and you still need
assistance, you may ask a question about your case online at <a href="https://egov.uscis.gov/e-request/Intro.do">https://egov.uscis.gov/e-request/Intro.do</a> or call the USCIS Contact Center at
800-375-5283 (TTY 800-767-1833).
When I am hired, what documentation may I show to my employer as
evidence of identity and employment authorization when completing Form
I-9?
You can find the Lists of Acceptable Documents on Form I-9,
Employment Eligibility Verification, as well as the Acceptable
Documents web page at <a href="https://www.uscis.gov/i-9-central/acceptable-documents">https://www.uscis.gov/i-9-central/acceptable-documents</a>. Employers must complete Form I-9 to verify the identity and
employment authorization of all new employees. Within three days of
hire, employees must present acceptable documents to their employers as
evidence of identity and employment authorization to satisfy Form I-9
requirements.
You may present any documentation from List A (which provides
evidence of both identity and employment authorization) or
documentation from List B (which provides evidence of your identity)
together with documentation from List C (which provides evidence of
employment authorization), or you may
[[Page 26170]]
present an acceptable receipt as described in the Form I-9
Instructions. Employers may not reject a document based on a future
expiration date. You can find additional information about Form I-9 on
the I-9 Central web page at <a href="https://www.uscis.gov/I-9Central">https://www.uscis.gov/I-9Central</a>. An EAD is
an acceptable document under List A.
If I have an EAD based on another immigration status, can I obtain a
new DED-based EAD?
Yes, if you are covered by DED, you can obtain a new DED-based EAD,
even if you already have an EAD or employment authorization based on
another immigration status. If you want to obtain a DED-based EAD valid
through August 13, 2025, you must file Form I-765 and pay the
associated fee (unless USCIS grants your fee waiver request).\7\
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\7\ For information about filing fee waiver requests including
through Form I-912, Request for Fee Waiver, see <a href="https://www.uscis.gov/forms/filing-fees/additional-information-on-filing-a-fee-waiver">https://www.uscis.gov/forms/filing-fees/additional-information-on-filing-a-fee-waiver</a>.
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Can my employer require that I provide any other documentation to
complete Form I-9, such as evidence of my status or proof of my
Palestinian identity?
No. When completing Form I-9, employers must accept any unexpired
documentation that appears on the Form I-9 Lists of Acceptable
Documents that reasonably appears to be genuine and that relates to
you, or an acceptable List A, List B, or List C receipt. Employers may
not request proof of Palestinian identity when completing Form I-9 for
new hires or reverifying the employment authorization of current
employees. Refer to the ``Note to Employees'' section of this Federal
Register notice for important information about your rights if your
employer rejects lawful documentation, requires additional
documentation, or otherwise discriminates against you based on your
citizenship or immigration status, or your national origin.
Note to All Employers
Employers are reminded that the laws requiring proper employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This Federal Register notice
does not supersede or in any way limit applicable employment
verification rules and policy guidance, including those rules setting
forth reverification requirements. For general questions about the
employment eligibility verification process, employers may call USCIS
at 888-464-4218 (TTY 877-875-6028) or email USCIS at <a href="/cdn-cgi/l/email-protection#246d091d67414a5056454864404c570a434b52"><span class="__cf_email__" data-cfemail="7d3450443e1813090f1c113d19150e531a120b">[email protected]</span></a>. USCIS accepts calls and emails in English and many
other languages. For questions about avoiding discrimination during the
employment eligibility verification process (Form I-9 and E-Verify),
employers may call the U.S. Department of Justice, Civil Rights
Division, Immigrant and Employee Rights Section (IER) Employer Hotline
at 800-255-8155 (TTY 800-237-2515). IER offers language interpretation
in numerous languages. Employers may also email IER at <a href="/cdn-cgi/l/email-protection#6f262a3d2f1a1c0b000541080019"><span class="__cf_email__" data-cfemail="81c8c4d3c1f4f2e5eeebafe6eef7">[email protected]</span></a> or
get more information online at <a href="https://www.justice.gov/ier">https://www.justice.gov/ier</a>.
Note to Employees
For general questions about the employment eligibility verification
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or
email USCIS at <a href="/cdn-cgi/l/email-protection#7a335743391f140e081b163a1e1209541d150c"><span class="__cf_email__" data-cfemail="9fd6b2a6dcfaf1ebedfef3dffbf7ecb1f8f0e9">[email protected]</span></a>. USCIS accepts calls in English,
Spanish and many other languages. Employees or applicants may also call
the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515) for
information regarding employment discrimination based upon citizenship,
immigration status, or national origin, including discrimination
related to Form I-9 and E-Verify. The IER Worker Hotline provides
language interpretation in numerous languages.
To comply with the law, employers must accept any document or
combination of documents from the Lists of Acceptable Documents if the
documentation reasonably appears to be genuine and to relate to the
employee, or an acceptable List A, List B, or List C receipt as
described in the Form I-9 instructions. Employers may not require extra
or additional documentation beyond what is required for Form I-9
completion. Further, employers participating in E-Verify who receive an
E-Verify case result of ``Tentative Non-confirmation'' (mismatch) must
promptly inform employees of the mismatch and give such employees an
opportunity to take action to resolve the mismatch. A mismatch means
that the information entered into E-Verify from Form I-9 differs from
records available to DHS.
Employers may not terminate, suspend, delay training, withhold or
lower pay, or take any adverse action against an employee because of a
mismatch while the case is still pending with E-Verify. A Final Non-
confirmation (FNC) case result occurs if E-Verify cannot confirm an
employee's employment eligibility. An employer may terminate employment
based on a case result of FNC. Work-authorized employees who receive a
FNC may call USCIS for assistance at 888-897-7781 (TTY 877-875-6028).
For more information about E-Verify-related discrimination or to report
an employer for discrimination in the E-Verify process based on
citizenship, immigration status, or national origin, contact IER's
Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional
information about proper nondiscriminatory Form I-9 and E-Verify
procedures is available on the IER website at <a href="https://www.justice.gov/ier">https://www.justice.gov/ier</a> and the USCIS and E-Verify websites at <a href="https://www.uscis.gov/i-9-central">https://www.uscis.gov/i-9-central</a> and <a href="https://www.e-verify.gov">https://www.e-verify.gov</a>.
Note Regarding Federal, State, and Local Government Agencies (Such as
Departments of Motor Vehicles)
Whether you are applying for a Federal, state, or local government
benefit, you may need to provide the government agency with documents
that show you are covered under DED and/or authorized to work based on
DED. Check with the government agency requesting documentation about
which documents the agency will accept.
Some government agencies use SAVE to confirm the current
immigration status of applicants for public benefits and licenses. SAVE
can verify that an individual is covered by DED based on an EAD with
category A-11 and/or Form I-797, Notice of Action, reflecting approval
of your Form I-765 for an EAD with a DED category code of A-11. In most
cases, SAVE provides an automated electronic response to benefit-
granting agencies within seconds, but occasionally verification can be
delayed.
You can check the status of your SAVE verification by using
CaseCheck at <a href="https://www.uscis.gov/save/save-casecheck">https://www.uscis.gov/save/save-casecheck</a>. CaseCheck is a
free service that lets you follow the progress of your SAVE
verification case using your date of birth and one immigration
identifier number (such as your A-Number or USCIS number) or
Verification Case Number. If an agency has denied your application
based solely or in part on a SAVE response, the agency must allow you
to appeal the decision in accordance with the agency's procedures. If
the agency has received and acted on or will act on a SAVE verification
and you do not believe the SAVE response is correct, the SAVE website,
<a href="https://www.uscis.gov/save">https://www.uscis.gov/save</a>, has detailed information on how to correct
or update your immigration record, make an appointment, or submit a
written request to correct records.
[FR Doc. 2024-07866 Filed 4-12-24; 11:15 am]
BILLING CODE 9111-97-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.