Deferred Enforced Departure - LIBERIA
DED Effective Date 10/01/07
DED Expiration Date 03/31/09
Background
Deferred Enforced Departure (DED) is within the President’s discretion to authorize and arises from his power to conduct foreign relations. Although DED is not a specific immigration status, individuals covered by DED are not subject to enforcement actions to remove them from the United States, usually for a designated period of time. When presidents have exercised their discretion to provide DED to a certain group of individuals, they generally direct that Executive Branch agencies, such as the Department of Homeland Security (DHS), take steps to implement appropriate procedures to apply DED and related benefits, such as employment authorization, to those individuals.
President George W. Bush issued a memorandum on September 12, 2007 to Secretary of Homeland Security Michael Chertoff to take the necessary steps to implement DED procedures for Liberian nationals (or persons without nationality who last habitually resided in Liberia), who are present in the United States, who have Temporary Protected Status (TPS) as of September 30, 2007, and who have continuously resided in the United States since October 1, 2002, with certain limited exceptions.
Who Is Eligible?
Certain individuals are not eligible for DED coverage under the President’s directive. Persons not eligible include anyone:
• Who is ineligible for TPS for the reasons provided in section 244(c)(2)(B) of the Immigration and Nationality Act;
• Whose removal is determined to be in the interest of the United States;
• Whose presence or activities in the United States the Secretary of State has reasonable grounds to believe would have potentially serious adverse foreign policy consequences for the United States;
• Who has voluntarily returned to Liberia or his or her country of last habitual residence outside the United States;
• Who was deported, excluded, or removed prior to the date of this memorandum; or
• Who is subject to extradition.
Employment Authorization
DED is automatic for qualified Liberians and persons without nationality who last habitually resided in Liberia, regardless of age. EADs issued to Liberians (or persons without nationality who last habitually resided in Liberia) on Form I-766, Employment Authorization Document, bearing an expiration date of September 30, 2007 have been automatically extended 18 months until March 31, 2009. These EADs must also bear the notation “A-12” or “C-19” on the face of the card under “Category.” These are the same EADs issued in conjunction with the individual’s TPS status that terminated as of 12:01 a.m. October 1, 2007 (see 71 FR 55000 (Sept. 20, 2006)). These EADs and the Federal Register notice at 72 FR 53596 may be shown to employers for I-9 purposes.
Individuals who did not request work authorization under TPS who now wish to receive work authorization, or who wish to apply for a replacement of a lost, stolen, or mutilated EAD, must file Form I-765, Application for Employment Authorization, following the form’s instructions. On Form I-765, the individual must indicate that he or she was a beneficiary of Liberian TPS as of September 30, 2007 and is now covered by DED for Liberians through March 31, 2009. Follow all accompanying Form I-765 instructions carefully and submit the form, with all supporting documentation, to:
Vermont Service Center
75 Lower Welden St
St. Albans, VT, 05479-0001
The individual should also include a copy of the latest I-797, Notice of Action, showing that he or she was approved for TPS, if such copy is available. If biometrics are required to produce the secure EAD, the individual may be scheduled for an Application Support Center appointment. The EAD that is issued will contain an expiration date of March 31, 2009 and may be shown to employers for I-9 purposes.
Permission to Travel
If a Liberian (or alien without nationality who last habitually resided in Liberia) covered by DED wishes to be granted permission to travel outside of, and be permitted to return to, the United States, he or she must seek and be granted Advance Parole by DHS before departing the United States. Individuals who are covered by DED for Liberians must file Form I-131, Application for Travel Document, with appropriate fee, to request Advanced Parole. Applicants will need to provide a copy of their last TPS-related EAD (or, if the applicant does not have a TPS-related EAD, submit a copy of their last Form I-797, Notice of Action, stating that the applicant has been granted TPS) and a copy of the Federal Register notice that announced the Liberian DED authorization. Liberians with DED who leave the United States without first requesting and obtaining Advanced Parole are no longer eligible for DED, and may not be permitted to re-enter the United States. As usual, granting Advance Parole is within the discretion of DHS and is not guaranteed in every case.
