Biden Administration Extends Deferred Enforcement Departure to Palestinians

On February 14, the Biden administration extended Deferred Enforced Departure for Palestinians in the United States that meet the criteria. Sending Palestinians home to Gaza at this point would put them in danger and needless subject them to hardship.

“While I remain focused on improving the humanitarian situation, many civilians remain in danger,” he wrote. “I am directing the deferral of removal of certain Palestinians who are present in the United States.”

Palestinians in the U.S. on February 14 who meet the criteria will have their departure deferred for 18 months, and Biden directed the Department of Homeland Security (DHS) to provide work authorization for those affected by this memorandum. Palestinians students in the country on F-1 visas will have some of their visa requirements including returns to their home country suspended until DHS decides that it’s safe again for those rules to be followed.

This memorandum does not apply to those who

• voluntarily return to the Palestinian territories after February 14, 2024
• do not continuously reside in the U.S. after February 14, 2024
• 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))
• 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))
• are subject to extradition
• 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
• 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

If you’re unsure if this applies to you or want to know more about Deferred Enforced Departure, consult with an experienced immigration attorney.

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