Deferred Enforced Departure for Palestinians

In a February 14, 2024 memorandum, President Biden ordered the deferral of removal of “certain” Palestinians in the United States on or before the date of the memorandum for a period of 18 months. This policy is known as “Deferred Enforced Departure” (“DED”).

The president has authorized DED, because the condition in the Palestinian territories has “significantly deteriorated” as a result of Israel’s military response to the October 7, 2023 Hamas attack.

From our Louisiana immigration attorneys at Pelton + Balducci, here’s what this could mean for you and your family. 

Eligible Palestinians who have been in the United States since February 14, 2024, or earlier, are protected from removal until August 14, 2025.

The following factors will disqualify Palestinians from DED

1. Voluntarily returning to the Palestinian territories on or after February 14, 2024;
2. Failing to keep a permanent residence in the United States after February 14, 2024;
3. Having committed certain national security threats or human rights violations defined by immigration law;
4. Having been convicted of any felony or two or more misdemeanors committed in the United States,
5. Being subject to extradition;
6. Being considered a danger to public safety; or
7. Being an individual whose presence in the United States is determined to have potentially serious negative foreign policy consequences for the United States.

Palestinians in F-1 student status may have certain regulatory requirements suspended. At this time, it is uncertain which requirements will be suspended, but we anticipate that this will involve restrictions on employment authorization.

Individuals eligible for DED will be allowed to apply for employment authorization. The president may extend DED beyond the initial 18 months, but this depends on conditions in Palestine at the end of the 18-month period and is in no way certain.

DED is available to all eligible Palestinians, irrespective of whether they hail from Gaza or the West Bank.

For more information and updates, stay tuned for official announcements, and contact Pelton + Balducci for more information on your journey to make America home.