Deferred Enforced Departure Granted for Palestinians Amidst Deteriorating Humanitarian Conditions in Gaza

In response to the ongoing humanitarian crisis in Palestine, and primarily in Gaza, President Biden has authorized deferred enforced departure (DED) for certain Palestinians in the United States.  The memorandum, released on February 14, 2024, grants deferral of removal and employment authorization for eligible Palestinians for 18 months. This means that Palestinians who meet certain requirements will be safe from being removed or deported from the United States while the deferred enforced departure remains in effect. However, there are exceptions. The DED does not apply to individuals who:

• voluntarily return to Palestinian territories after February 14, 2024;
• have not resided in the U.S. consistently since February 14, 2024;
• are inadmissible or deportable under the Immigration and Nationality Act (INA);
• have been convicted of a felony or two or more misdemeanors in the U.S.;
• are subject to extradition;
• present a danger to public safety or whose presence in the U.S. is determined to be not in the interest of the country by the Secretary of Homeland Security; or
• the Secretary of State has reasonable grounds to believe has adverse foreign policy consequences for the U.S.

USCIS has announced that it will issue a Federal Register notice with additional information and guidance about the memorandum, including how eligible individuals may apply for DED-based Employment Authorization Documents. According to the USCIS alert,  no action needs to be taken at this time.

Although we have limited information at this time, if you have questions about this announcement or your eligibility, please do not hesitate to contact our office.