Beginning immediately, the U.S. will defer the removal of Palestinian residents for 18 months, except for individuals who:

  • Have voluntarily returned to the Palestinian territories after Feb. 14, 2024.
  • Have not consistently resided in the United States since Feb. 14, 2024.
  • Are inadmissible under the Immigration and Nationality Act.
  • Have been convicted of a felony or two or more misdemeanors in the U.S.
  • Are subject to extradition.
  • Are considered a danger to public safety or whose presence posed potentially serious adverse foreign policy consequences for the U.S.

Additional Information: In the memorandum, Biden said the move was prompted by conditions in the Palestinian territories, primarily in Gaza, following Israel’s military response to Hamas’ Oct. 7 attack in Israel. “Humanitarian conditions in the Palestinian territories, and primarily Gaza, have significantly deteriorated,” Biden said.

BAL Analysis: U.S. Citizenship and Immigration Services said it would provide additional information about the implementation of Biden’s memorandum, including how eligible individuals may apply for DED-based employment authorization documents with the agency. BAL will continue to monitor these developments and will provide updates as they become available. Additional information on DED is available on this USCIS website.

This alert has been provided by the BAL Global Practice Group.

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