On February 14, 2024, President Biden designated Deferred Enforced Departure (DED) for Palestinian nationals currently in the U.S. The designation is the result of months of work by a coalition civil and human rights organizations.

The action will enable thousands of Palestinians to stay in the United States for the next 18 months without fear being removed from the U.S.

The President’s memorandum states that “humanitarian conditions in the Palestinian territories, and primarily Gaza, have significantly deteriorated. While I remain focused on improving the humanitarian situation, many civilians remain in danger; therefore, I am directing the deferral of removal of certain Palestinians who are present in the United States.”

Deferred Enforced Departure (DED) shares similarities with Temporary Protected Status (TPS), but it is established through the President’s foreign policy powers, not specific legislation.

Individuals benefiting from DED are granted the ability to work in the U.S. and are protected from deportation, mirroring the benefits provided to TPS recipients. However, DED beneficiaries differ in that they are not allowed to travel outside the U.S.

Only nationals of two countries are currently designated for DED: Liberian nationals, with a validity period up to June 30, 2024, and some particular residents of Hong Kong, until February 5, 2025. Unlike TPS, the criteria for DED designations and eligibility are not explicitly defined.

In line with prior designations, Palestinians who have been convicted of any felony or two or more misdemeanors committed in the United States or who are subject to extradition are excluded from the new grant.

If you have any questions or need legal assistance, contact our legal team at Massa Viana Law.