DEFERRED ENFORCED DEPARTURE (DED)

 

Deferred Enforced Departure (DED) is a method of protecting a non-citizen from being removed from the United States. It is somewhat similar to TPS in that it provides protection and benefits to individuals from certain countries who have suffered some form of political crisis, natural disaster, or some other extraordinary circumstance. 

  

If you or a loved one are seeking DED protection and would like assistance in your case, the immigration attorneys at The Law Office of George K. Gomez can help. Our immigration attorneys will handle every aspect of the DED case and assist you in any way we can.

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WHAT IS DED?

 

Similar to TPS, Deferred Enforced Departure (DED) is a form of relief from removal from the United States allowing individuals from designated countries facing ongoing political conflict, natural disasters, or other extraordinary conditions.

 

Unlike TPS, where countries are designated by the Secretary of Homeland Security, DED designations are made by the President and are derived from his constitutional power to conduct foreign relations. DED also differs from TPS in that there is no application required to obtain DED protection. However, DED beneficiaries must still apply for work permits and advance parole, should they desire those benefits.

 

WHO IS ELIGIBLE FOR DED?

 

In order to be eligible for DED, a non-citizen must meet the criteria set forth in the Presidential Directive (either an executive order or presidential memorandum) for the designated country. These criteria vary country by country but typically require that the applicant establish continuous presence from a designated date.

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WHAT ARE THE BENEFITS OF DED?

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The Presidential Directive authorizing DED will indicate the benefits available under the DED designation, However, DED holders are generally entitled to the following benefits:

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• DED holders are not removable from the United States (even if they previously have been ordered removed);

• DED holders can obtain an Employment Authorization Document (EAD), also known as a work permit, which authorizes them to work in the United States;

• DED holders are eligible to receive advance parole, authorizing them to travel abroad and return to the United States without risking losing their DED.

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WHAT DOES DED NOT PROVIDE?

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Generally speaking, DED does not currently provide a pathway to lawful permanent resident status nor does it provide a means of acquiring U.S. citizenship. However, Liberian DED beneficiaries may qualify for permanent residence under Liberian Refugee Immigration Fairness (LRIF).

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WHEN CAN A COUNTRY BE DESIGNATED FOR DED?

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Unlike TPS, in which the Secretary of Homeland Security is bound to certain enumerated factors before designating a country for TPS protection, DED designations are made solely at the discretion of the President and, as such, he is not bound by any statutory requirements.

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WHAT COUNTRIES ARE CURRENTLY DESIGNATED FOR DED?

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As of the writing of this article, the following countries have been designated for DED by the President:

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Hong Kong (Valid through February 5, 2023) [federal register notice pending]

Liberia (Valid through June 30, 2022)

Venezuela (Valid through July 20, 2022)

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What happens to DED holders whose countries’ designations were terminated?

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Similar to TPS beneficiaries, once a DED beneficiary’s country of designation has been terminated, the DED holder returns to the immigration status that they held prior to receiving DED, unless that status has expired or unless they have changed to another lawful immigration status. This could result in a situation where a DED holder returns to an unlawful immigration status subjecting them to removal from the United States.

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Contact an Experienced Immigration Attorney Today!

 

Contact us now for a free evaluation of your case with an immigration attorney and see whether DED is available to you.  Employing the help of a qualified, experienced Miami Lakes immigration attorney to assist with your immigration filing assures you that the preparation of your application will be accurate and thorough. Our firm is dedicated to helping those who qualify for immigration benefits. Call (305) 539-0991 or fill out the online contact form to schedule a free consultation with me. We are located in Miami Lakes, Florida and are available for consultations by phone, by zoom, or in person.