An investigation published by Politico on 10 October revealed that U.S. Immigration and Customs Enforcement has detained at least 12 Hong Kong residents despite their being protected from removal under Deferred Enforced Departure (DED)—a presidential directive extended in January 2025 that runs until 5 February 2027. Some detainees were allegedly held for up to two months and pressured to sign voluntary departure papers. Lawyers quoted in the report say ICE officers arrested DED holders at Chicago O’Hare and other airports at a rate of ‘a couple a week’ since June. Immigration courts ultimately ordered all 12 individuals released, but only after they spent weeks in custody and, in some cases, were fitted with ankle monitors restricting their travel radius. The revelations raise serious concerns for the roughly 10,000 Hong Kong citizens believed to be in the United States under DED, many of whom are students or employees on Optional Practical Training. Corporate mobility managers should alert assignees transiting U.S. ports of entry to carry proof of their DED eligibility—such as a copy of the Federal Register notice and employment authorisation card—while companies may wish to arrange legal hotlines in case of detention. On Capitol Hill the controversy has injected momentum into the Hong Konger Promise of Refuge Act (H.R. 10685/S. 5606), a bipartisan bill introduced on 1 October that would allow DED beneficiaries to apply for lawful permanent residence. Observers say the bill’s prospects have brightened as media scrutiny of ICE’s actions grows. The Department of Homeland Security told Politico that DED ‘does not confer legal status’ and that placing covered individuals in removal proceedings is not prohibited, but advocates argue the practice violates both the letter and spirit of the executive directive. Until clearer guidance emerges, Hong Kong DED holders are advised to avoid non-essential international travel and to consult immigration counsel before flying.
Source: Politico
