President Biden issued a memorandum supporting the rights of the people of Hong Kong and directing the Department of Homeland Security (DHS) to defer deportation proceedings for 18 months.
On Thursday, August 5, President Biden said, “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.”
The president’s memo is in response to the unrest in the region and more than 10,000 politically motivated arrests.
- DHS will defer for 18 months the removal of any Hong Kong resident who is present in the United States on the date of the memorandum, August 5, except for those who have voluntarily returned to Hong Kong or the PRC or have not consistently resided in the US after the date of the memorandum; or who are inadmissible or deportable based on the Immigration and Nationality Act, or have been convicted of a felony or more than one misdemeanor; or who are subject to extradition; or who are considered a threat to the United States.
- DHS will authorize employment for noncitizens whose removal has been deferred for the duration of the deferral and will consider suspending regulatory requirements with respect to F-1 nonimmigrant students who are Hong Kong residents.
Erickson Immigration Group will continue to send updates as more news is available. If you have questions about anything we’re reporting above or case-specific questions, please contact your employer or EIG attorney.