This blog was authored by a recipient of Deferred Enforced Departure who wishes to remain anonymous.
I’ve been living in the United States for close to 10 years, a considerable portion of my lifetime. I consider this country my second home. I’ve studied here, obtained my graduate degree, and subsequently found a job – an opportunity that would not have been possible without the Deferred Enforced Departure (DED) status designated by the President of the United States.
While DED is an acronym unrecognizable to most Americans, it is one that is incredibly important to me and roughly 3,000 fellow Hong Kongers residing in the U.S. In 2023, President Biden approved a 24-month DED extension for eligible Hong Kong residents, providing people like me – Hong Kongers who are concerned about returning – with temporary safe haven in the United States. Not only that, but DED also enables us to obtain employment without employer sponsorship. It helped me secure my current job, as the job posting explicitly stated that sponsorship would not be provided.
However, with DED set to expire on February 5, 2025, and no announcement yet made on its extension, my employment and personal safety are now in limbo. My employer has made it clear that if DED is not renewed, my contract will be terminated.
Hong Kongers were originally made eligible for DED in 2021 after the People’s Republic of China (PRC) government unilaterally imposed the National Security Law (NSL) and used it to systematically dismantle all forms of democratic representation, imprisoning opposition politicians, activists, and protesters. The reasons that DED was issued for Hong Kongers are no less relevant today as they were at the time. If anything, the political persecution that is ongoing under the NSL is more intense than ever.
The Hong Kong community here has witnessed from afar the prosecutions and persecution of pro-democracy activists and peaceful protesters. It is impossible to be certain of our safety should we return. Although I am not a public figure and have only participated in peaceful gatherings supporting the pro-democracy movement in Hong Kong, returning would be too risky.
In light of this, my partner and I have put together a contingency plan in case the Biden administration does not renew DED before stepping aside and the incoming Trump administration does not prioritise doing so during the busy post-inauguration period. We have researched whether there will be a grace period and explored which schools and programs I might be able to apply to stay in the U.S. for a little longer, until we figure out other options. The situation is nerve-racking, as our fate remains unknown even as the protective status nears expiration.
I am fortunate to have a backup option, as my Optional Practical Training (OPT), a temporary employment permission related to my studies, has not yet expired. However, many other DED recipients are in much more difficult situations. Some came to the U.S. on travel visas and have not yet received asylum due to a backlog of around 2 million applications; others are recent graduates who did not receive employer sponsorship; and and many face financial constraints that limit their alternatives. If DED is not renewed, this group would in many cases be forced to move to a totally different country, uprooted from the lives they have built over the last few years.
For example, . I have friends who are thinking of going to the United Kingdom on a British National (Overseas) visa. Other people in the community are considering a move to Canada via a permanent residence pathway for Hong Kong residents. Despite such moves offering a potential lifeline, the disruption would shatter their existing social and professional networks. Each case has its own nuances, but the common denominator for all of us is that returning to Hong Kong presents an alarming risk.
As a recipient of DED, I am grateful for the support of organizations that advocate for democracy and the rule of law in Hong Kong, such as the Committee for Freedom in Hong Kong Foundation. These groups have worked diligently with the U.S. government to advance policies that protect and support Hong Kongers in the U.S. I sincerely hope that both the Biden and Trump administrations will continue to champion these causes and between them manage to extend DED, ensuring that Hong Kongers in the U.S. remain free from persecution by the Hong Kong and PRC governments.
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