Memorandum on the Deferred Enforced Departure for Particular Hong Kong Residents

MEMORANDUM FOR THE SECRETARY OF Condition THE SECRETARY OF HOMELAND Security

Subject:       Deferred Enforced Departure for Sure Hong Kong Residents

The United States supports the human legal rights and basic freedoms of the residents of Hong Kong.  Recognizing the sizeable erosion of those rights and freedoms in Hong Kong by the People’s Republic of China (PRC), I am directing the deferral of elimination of certain Hong Kong citizens who are existing in the United States.

By unilaterally imposing on Hong Kong the Legislation of the People’s Republic of China on Safeguarding Nationwide Stability in the Hong Kong Particular Administrative Area (NSL), the PRC has undermined the enjoyment of legal rights and freedoms in Hong Kong, such as all those shielded beneath the Basic Law and the Sino-British Joint Declaration.  Because the imposition of the NSL in June 2020, Hong Kong law enforcement have continued a campaign of politically enthusiastic arrests, having into custody at minimum 100 opposition politicians, activists, and protesters on NSL-linked prices which include secession, subversion, terrorist activities, and collusion with a foreign nation or external elements.  In excess of 10,000 individuals have been arrested for other fees in relationship with anti-government protests.  In excess of the last 12 months, the PRC has continued its assault on Hong Kong’s autonomy, undermining its remaining democratic procedures and establishments, imposing limitations on educational liberty, and cracking down on liberty of the push.  

There are persuasive international coverage causes to defer enforced departure for Hong Kong people presently in the United States.  The United States is committed to a international coverage that unites our democratic values with our overseas coverage plans, which is centered on the protection of democracy and the marketing of human rights all-around the globe.  Giving safe haven for Hong Kong residents who have been deprived of their confirmed freedoms in Hong Kong furthers United States pursuits in the location.  The United States will not waver in our assistance of people today in Hong Kong.

Pursuant to my constitutional authority to perform the international relations of the United States, I have decided that it is in the foreign policy interest of the United States to defer for 18 months the removing of any Hong Kong resident subject matter to the situations and exceptions provided down below.

Accordingly, I hereby immediate the Secretary of Homeland Stability to consider correct measures to defer for 18 months the elimination of any Hong Kong resident who is current in the United States on the day of this memorandum, other than for all those: 

(1)  who have voluntarily returned to Hong Kong or the PRC just after the day of this memorandum 

(2)  who have not consistently resided in the United States due to the fact the date of this memorandum 

(3)  who are inadmissible less than part 212(a)(3) of the Immigration and Nationality Act (INA) (8 U.S.C. 1182(a)(3)) or deportable underneath area 237(a)(4) of the INA (8 U.S.C. 1227(a)(4)) 

(4)  who have been convicted of any felony or two or a lot more misdemeanors committed in the United States, or who meet up with any of the conditions set forth in portion 208(b)(2)(A) of the INA (8 U.S.C. 1158(b)(2)(A))

(5)  who are topic to extradition 

(6)  whose existence in the United States the Secretary of Homeland Stability has decided is not in the desire of the United States or presents a risk to general public safety or

(7)  whose presence in the United States the Secretary of State has realistic grounds to believe would have most likely critical adverse overseas policy repercussions for the United States. 

I further immediate the Secretary of Homeland Protection to acquire acceptable measures to authorize employment for noncitizens whose elimination has been deferred, as delivered by this memorandum, for the length of such deferral, and to take into account suspending regulatory needs with respect to F-1 nonimmigrant pupils who are Hong Kong inhabitants as the Secretary of Homeland Security establishes to be proper.

The Secretary of Homeland Security is licensed and directed to publish this memorandum in the Federal Sign-up

JOSEPH R. BIDEN JR.

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