[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 [www.gpo.gov]
[FR Doc No: 2023-02093]


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  Federal Register / Vol. 88, No. 20 / Tuesday, January 31, 2023 / 
Presidential Documents  

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 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.
                
                
                    (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