Hong Kong Democracy Council | Hong Kong Watch | Committee for Freedom in Hong Kong Foundation
We are aware of recent incidents where Hong Kongers on Deferred Enforced Departure (DED) were stopped, questioned, and even held overnight by Customs and Border Protection (CBP) officers while traveling domestically to and from certain U.S. territories. The problem appears to stem from ongoing inconsistencies among federal agencies regarding various aspects of the Hong Kong DED program, although no impacted individual is known to have been taken into custody for a longer period or deported thus far. While we continue to engage with policymakers on this matter and see signs of positive development, the Department of Homeland Security has not yet updated its formal guidance.
Therefore, we strongly urge Hong Kongers covered by DED to reconsider any non-essential travel that might involve a CBP inspection until the federal government provides further clarification. This includes not only international travel — even with advance parole — but also travel to U.S. territories outside the U.S. customs zone, which comprises the 50 states, Washington, D.C., and Puerto Rico.
Even though travel between the 50 states and other U.S. territories is considered “domestic,” and thus does not legally require advance parole, confusion among CBP officers may nevertheless result in adverse actions against you. Likewise, you should be aware that CBP operates many immigration checkpoints along highways on the U.S. side of the southern border with Mexico. Officers at these checkpoints may ask about your immigration status.
To be clear, DED for Hong Kongers remains in effect. President Biden extended the program until 2027 on Jan. 15, 2025, and the Trump administration confirmed this extension on Feb. 18, 2025.
If you must travel through CBP screening, we recommend that you carry:
- your current passport;
- your expired passport, if it contains an unexpired U.S. visa;
- a printout of the Presidential Memorandum on DED dated Jan. 15, 2025;
- a printout of the USCIS Revised Guidance on DED dated Feb. 18, 2025;
- your Employment Authorization Document (EAD), even if expired;
- a printout of any E-Verify self-check confirmations showing that you have valid work authorization (you may need to call USCIS and ask them to manually charge your status to “authorized to work’);
- any USCIS receipt notices or letters related to the status of your DED or DED-based EAD;
- a paper list of phone numbers of emergency contacts, including a lawyer who may represent you, in case your mobile phone is seized.
If you travel internationally, you must also present the original copy of your approved advance parole document (For I-512 or I-512L) upon return to the U.S.
Please note: Even if you carry all of the above, there is still some risk that your entry may be delayed or denied.
CBP officers have the authority to retain and search your electronic devices, including mobile phones, computers, and cameras. During this inspection process, your access to digital communications may be limited.
We will share updates as they become available to us. In the meantime, if you need assistance because of an encounter with CBP officers or face other legal issues related to the DED program, contact a lawyer as soon as possible.
