In the United States, Deferred Enforced Departure (DED) serves as a form of legal protection for individuals facing extraordinary circumstances that make returning to their home countries unsafe. This policy currently applies primarily to Hong Kong residents living in the US who might face risks if forced to return to Hong Kong or mainland China due to political instability. The program allows eligible individuals to remain in the US legally while enjoying certain rights and protections.
Key Points About DED
- Temporary protection (does not lead to permanent residency)
- Work authorization available
- Travel permission possible
- Protection from detention or deportation
What Is DED?
Deferred Enforced Departure provides temporary protection for individuals who cannot safely return to their home countries, allowing them to remain in the US legally. Through this program, qualified individuals can:
- Legally reside in the United States
- Apply for work authorization (Employment Authorization Document or EAD)
- Request advance parole for international travel with permission to return to the US
- Receive protection from detention or deportation under DED status
Important to note: DED is temporary in nature and does not provide a path to lawful permanent residence, citizenship, or any other permanent immigration status.
Eligibility Requirements
To qualify for DED protection, applicants must meet all of the following criteria:
- Have been a resident of Hong Kong prior to arrival in the US
- Hold a Hong Kong Special Administrative Region passport, British National (Overseas) passport, British Overseas Citizen passport, or Hong Kong Identity Card (HKIC) with supporting Hong Kong SAR documentation
- Have been continuously physically present in the US since January 15, 2025
- Not have engaged in international travel that would disqualify them under the program's rules after January 15, 2025
Disqualifying Factors
Individuals may be ineligible for DED if they:
- Left the US after January 15, 2025
- Voluntarily returned to Hong Kong or mainland China after January 15, 2025
- Have certain criminal convictions
- Are deemed inadmissible under US immigration law
Automatic Application of DED
Unlike some immigration programs, DED does not require individual applications. US Citizenship and Immigration Services (USCIS) automatically extends DED protection to eligible Hong Kong residents who meet the established criteria.
Work and Travel Authorization
DED recipients may apply for work authorization through Form I-765 to obtain an Employment Authorization Document (EAD). USCIS has automatically extended the validity of existing EADs for current DED holders (category A11) through February 5, 2027, if the documents were set to expire on either February 5, 2023, or February 5, 2025.
For international travel, DED recipients must apply for advance parole using Form I-131. Immigration experts strongly recommend consulting with an attorney before any international travel to understand current regulations and potential risks.
Status After DED Expiration
If DED protections are not renewed, individuals will revert to their immigration status prior to receiving DED. Those without other legal status could become undocumented and potentially face detention or removal proceedings. Those maintaining other legal immigration status may pursue alternative forms of relief.
Compatibility With Other Immigration Options
DED recipients may simultaneously pursue asylum applications, lawful permanent resident status (green cards), or other forms of protection, provided they meet the respective eligibility requirements for those programs.
Seeking Legal Counsel
Immigration attorneys strongly recommend obtaining professional legal advice when navigating DED protections or related immigration matters. Many nonprofit organizations and legal service providers offer free or low-cost assistance to immigrants navigating these complex processes.