Deferred Enforced Departure for Certain Hong Kong Residents

[Federal Register Volume 86, Number 151 (Tuesday, August 10, 2021)]

[Presidential Documents]

[Pages 43587-43588]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2021-17122]

Presidential Documents

Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 /

Presidential Documents

[[Page 43587]]

Memorandum of August 5, 2021

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.

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.

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), 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. Since the imposition of the NSL in June

2020, Hong Kong police have continued a campaign of

politically motivated arrests, taking into custody at

least 100 opposition politicians, activists, and

protesters on NSL-related charges including secession,

subversion, terrorist activities, and collusion with a

foreign country or external elements

2020, Hong Kong police have continued a campaign of

politically motivated arrests, taking into custody at

least 100 opposition politicians, activists, and

protesters on NSL-related charges including secession,

subversion, terrorist activities, and collusion with a

foreign country or external elements. Over 10,000

individuals have been arrested for other charges in

connection with anti-government protests. Over the last

year, 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.

There are compelling foreign policy reasons to defer

enforced departure for Hong Kong residents presently in

the United States. 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 not waver in our

support of 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 18 months the removal of

any Hong Kong resident subject to the conditions and

exceptions provided below.

ong.

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 18 months the removal of

any Hong Kong resident subject to the conditions and

exceptions provided below.

Accordingly, I hereby direct the Secretary of Homeland

Security to take appropriate measures to defer for 18

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 43588]]

(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

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 is authorized and

directed to publish this memorandum in the Federal

Register.

(Presidential Sig.)

THE WHITE HOUSE,

Washington, August 5, 2021

[FR Doc. 2021-17122

Filed 8-9-21; 8:45 am]

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