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Fact Sheet: Deferred Enforced Departure (DED)

Posted on Apr 21 2024

This fact sheet is current as of April 15, 2024. It is not legal advice.

What is DED?

Deferred Enforced Departure (DED) is a discretionary protection status.

DED recipients are protected from deportation and are allowed to obtain work permits. DED does not provide a pathway to permanent residency or citizenship. DED is authorized under the president’s constitutional discretion to conduct foreign affairs. There is no statutory authorization. Only the president can extend or terminate DED.

Who has DED?

Who is eligible for DED?

Eligibility requirements for DED are based on the terms the president specifies in each DED directive. Each presidential directive includes the criteria for an individual to be covered by DED and certain exceptions for individuals who are not covered. For more information, see the Federal Register notices for each country.

DED only applies to those people already residing in the United States at the time of designation. Those outside the United States who want to immigrate do not qualify for DED. Individuals must be a national of, or a person without nationality who last habitually resided in, the country designated for DED.

Do I need to apply for DED?

No. There is no application to apply for DED. Anyone who meets the requirements automatically has DED until it lapses or is terminated.

Can I work under DED?

Maybe. If DHS provides employment authorization as a benefit of DED for your country, then you may request an Employment Authorization Document (EAD) by filing Form I-765, Application for Employment Authorization.

DHS may issue an automatic extension of expiring EADs for DED recipients. The Federal Register notices will tell you if your EAD is automatically extended and for how long.

How do I prove my EAD is extended?

You can show your DED-related EAD with an expired “Card Expires” date and a copy of the Federal Register notice to employers and government agencies (federal, state, and local). Employers may rely on the Federal Register notice as evidence that your EAD is still valid.

Can I travel outside the United States under DED?

Maybe. Any DED-eligible person who wants to travel outside the country must apply for advance parole. If you leave the United States without first receiving advance parole, you may no longer be eligible for DED and may not be permitted to reenter the United States.

Palestine DED Important Note: If you are covered by DED for Palestinians and you return to the Palestinian Territories, you will not be permitted to resume DED in the United States. The presidential memorandum providing for DED for Palestinians excludes individuals who voluntarily return to the Palestinian Territories after Feb. 14, 2024.

Get Help

The Immigrant Law Center of Minnesota (ILCM) provides free immigration legal services to low-income immigrants in a variety of immigration matters. For more information about how we can assist you, please visit our website at www.ilcm.org or call us at (651) 641-1011.

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