MEMORANDUM TO THE SECRETARY OF STATE
HOME SECURITY SECRETARY
SUBJECT: Extending and Extending Eligibility for Deferred Enforcement Departure for Liberians
Since 1991, the United States has provided a safe haven for Liberians who were forced to flee their country as a result of armed conflict and widespread civil strife, in part through the granting of Temporary Protected Status (TPS). The armed conflict ended in 2003, and TPS for affected Liberian nationals ended October 1, 2007. President Bush then postponed the mandatory departure of those Liberians to whom TPS was originally granted. President Obama, in successive memoranda, extended that Deferred Enforcement Exit (DED) grant to March 31, 2018. President Trump then decided that conditions in Liberia did not warrant further extension of the DED, but that the foreign policy interests of the United States guarantees an orderly transition for Liberia’s DED beneficiaries. Later, President Trump extended that DED transition until March 30, 2020.
In December 2019, Congress enacted the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92) (NDAA), which included, as section 7611, the Liberia Refugee Immigration Equity (LRIF) provision. The LRIF provision, with limited exceptions, makes Liberians who have been continuously present in the United States since November 20, 2014, as well as their spouses and children, eligible to adjust status to lawful permanent resident status ( LPR). The NDAA granted eligible Liberian nationals until December 20, 2020, to apply for this status adjustment. After the LRIF provision went into effect, President Trump extended the DED transition period further until January 10, 2021, to ensure that DED beneficiaries would continue to be eligible for employment authorization during the LRIF application period.
The LRIF application process was new and complex, leading to some procedural and administrative challenges. Recognizing these difficulties, Congress enacted a one-year extension of the application period in section 901 of the Consolidated Reservations Act, 2021 (Public Law 116-260). However, that legislation did not provide for continued employment authorization after January 10, 2021. Through my memorandum of January 20, 2021 (Reintroduction of Deferred Enforcement Departure for Liberians), DED was subsequently reinstated through June 30 , 2022, to allow employment. authorization for eligible Liberians while they make their applications to modify status under the LRIF provision.
There are compelling foreign policy reasons to extend DED for an additional period to those Liberians currently residing in the United States who were under a DED grant until June 30, 2022, as well as delaying compulsory departure for Liberians who has been continuously present in the United States since May 20, 2017. In addition to updating the continuous attendance requirement, I have also decided that it is appropriate to include eligible Liberians whose LRIF applications have been rejected for reasons other than ineligible under sections 7611 (b) (1) (C) and (b) (3) of the NDAA in this DAD designation. In particular, this includes providing protection from movement to those who arrived in the United States at a time when conditions prevented them from returning safely, including through May 20, 2017, and have since established family ties and community in the United States. Providing protection from the movement and authorization of work to these Liberians, for whom we have long authorized TPS or DED in the United States, including while they complete the LRIF status adjustment process, honors the historically close relationship between the United States and Liberia and is in US foreign policy interests.
In accordance with my constitutional authority to maintain U.S. foreign relations, I have determined that it is in the interests of U.S. foreign policy to postpone until June 30, 2024, the removal of any Liberian citizen, or non-nationality resident usually last in Liberia, present in the United States and under a DED grant on June 30, 2022, as well as any Liberian citizen, or non-nationality person who last resided normally in Liberia, who has have been continuously present physically in the United States since May 20, 2017. I have also determined that any Liberian citizen, or person of nationality who was ordinarily resident in Liberia, was under a DED grant on June 30, 2022, or has been. physically present in the United States since May 20, 2017, may have continued employment authorization through June 30, 2024.
The Secretary of Homeland Security shall promptly direct the proper officials to make provision, by notice published in the Federal Register, for granting immediate employment authorization to those Liberians who held proper employment authorization documents relating to DED on June 30, 2022., or those Liberian nationals who have been continuously present in the United States since May 20, 2017. The Secretary of Homeland Security shall also provide for the timely publication of new or replacement employment authorization documents in appropriate cases.
This grant of DED and continuing employment authorization will apply to any Liberia DED beneficiary from June 30, 2022, or any Liberian national who has been continuously present in the United States since May 20, 2017, but will not apply to such people in the following categories:
(1) individuals who would be ineligible for TPS for the reasons provided in section 244 (c) (2) (B) of the Immigration and Nationality Act, 8 U.S.C. 1254a (c) (2) (B);
(2) individuals who have sought or are seeking LPR status under LRIF provision but whose applications have been rejected or rejected by the Secretary of Homeland Security due to ineligibility for LRIF provision under sections 7611 (b) (1) (C) and (b) (3) of the NDAA;
(3) individuals whom the Secretary of Homeland Security determines is in the interest of the United States, subject to LRIF provision;
(4) individuals whom the Secretary of State has reasonable grounds to believe that their presence or activities in the United States in the United States could have serious adverse foreign policy consequences for the United States;
(5) individuals who have voluntarily returned to Liberia or to their country of usual residence outside the United States for an aggregate period of 180 days or more, as specified in subsection (c) (2) of LRIF provision; or
(6) individuals subject to extradition.
Accordingly, I hereby instruct the Secretary of Homeland Security to take the necessary steps to act for qualified Liberians:
(1) postponement of mandatory departure from the United States until June 30, 2024, with immediate effect; a
(2) authorization for employment valid until June 30, 2024.
The Secretary of Homeland Security is authorized and directed to publish this memorandum in the Federal Register.
JOSEPH R. BIDEN JR.
As your lawful permanent resident status is not linked to the validity of your green card, you will not be deported simply because your green card has expired. You only lose your lawful permanent residence status if you withdraw from your status or become a US citizen.
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