Federal Register - August 10, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Presidential Documents
43587
Presidential Documents
Memorandum of August 5, 2021
Deferred Enforced Departure for Certain Hong Kong Residents Memorandum for the Secretary of State and the Secretary of Homeland Security The United States supports the human rights and fundamental freedoms of the residents of Hong Kong. Recognizing the significant erosion of those rights and freedoms in Hong Kong by the Peoples Republic of China PRC, I am directing the deferral of removal of certain Hong Kong residents who are present in the United States.
By unilaterally imposing on Hong Kong the Law of the Peoples Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region NSL, the PRC has undermined the enjoyment of rights and freedoms in Hong Kong, including those protected under the Basic Law and the Sino-British Joint Declaration. Since the imposition of the NSL in June 2020, Hong Kong police have continued a campaign of politically motivated arrests, taking into custody at least 100 opposition politicians, activists, and protesters on NSL-related charges including secession, subversion, terrorist activities, and collusion with a foreign country or external elements. Over 10,000 individuals have been arrested for other charges in connection with anti-government protests. Over the last year, the PRC has continued its assault on Hong Kongs autonomy, undermining its remaining democratic processes and institutions, imposing limits on academic freedom, and cracking down on freedom of the press.
There are compelling foreign policy reasons to defer enforced departure for Hong Kong residents presently in the United States. The United States is committed to a foreign policy that unites our democratic values with our foreign policy goals, which is centered on the defense of democracy and the promotion of human rights around the world. Offering safe haven for Hong Kong residents who have been deprived of their guaranteed freedoms in Hong Kong furthers United States interests in the region. The United States will not waver in our support of people in Hong Kong.
Pursuant to my constitutional authority to conduct the foreign relations of the United States, I have determined that it is in the foreign policy interest of the United States to defer for 18 months the removal of any Hong Kong resident subject to the conditions and exceptions provided below.
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Accordingly, I hereby direct the Secretary of Homeland Security to take appropriate measures to defer for 18 months the removal of any Hong Kong resident who is present in the United States on the date of this memorandum, except for those:
1 who have voluntarily returned to Hong Kong or the PRC after the date of this memorandum;
2 who have not continuously resided in the United States since the date of this memorandum;
3 who are inadmissible under section 212a3 of the Immigration and Nationality Act INA 8 U.S.C. 1182a3 or deportable under section 237a4 of the INA 8 U.S.C. 1227a4;
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