Implementation of Employment Authorization for Individuals Covered by Deferred Enforced Departure for Liberia

SUPPLEMENTARY INFORMATION:

Table of Abbreviations

CFR—Code of Federal Regulations

DED—Deferred Enforced Departure

DHS—U.S. Department of Homeland Security

DoS—Department of State

EAD—Employment Authorization Document

FNC—Final Non-confirmation

Form I-131—Application for Travel Document

Form I-765—Application for Employment Authorization

Form I-797—Notice of Action

Form I-9—Employment Eligibility Verification

Form I-912—Request for Fee Waiver

Form I-94—Arrival/Departure Record

FR—Federal Register

Government—U.S. Government

IER—U.S. Department of Justice, Civil Rights Division, Immigrant and Employee Rights Section

INA—Immigration and Nationality Act

SAVE—USCIS Systematic Alien Verification for Entitlements Program

Secretary—Secretary of Homeland Security

TTY—Text Telephone

USCIS—U.S. Citizenship and Immigration Services

U.S.C.—United States Code

Purpose of This Action

Under the President's constitutional authority to conduct the foreign relations of the United States, President Biden has determined that it is in the foreign policy interest of the United States to defer through June 30, 2026, the removal of certain Liberians who have been continually present in the United States since May 20, 2017, and were eligible for a grant of DED under the President's 2022 memorandum. Through this Notice, as directed by the President, DHS is establishing procedures for Liberian individuals covered by DED to apply for EADs valid through June 30, 2026, and is automatically extending the validity of DED-related EADs bearing a Category Code of (a)(11) and a “Card Expires” date of March 30, 2020, January 10, 2021, June 30, 2022, and June 30, 2024, through June 30, 2026. Employment authorization and the procedures for obtaining EADs in this notice apply to any of the following individuals who are not subject to any of the ineligibilities described in President Biden's June 28, 2024, memorandum to the secretaries of State and Homeland Security: noncitizens of the United States who are nationals of Liberia, or individuals having no nationality who last habitually resided in Liberia, regardless of country of birth, who have been continuously physically present in the United States since May 20, 2017. Liberians must meet all eligibility criteria, including required documentation, for DED described in this notice. Finally, this notice provides instructions for eligible Liberians in the United States on how to request advance travel authorization.

What is DED?

• DED is an administrative deferral of removal ordered by the President. The authority to extend DED arises from the President's constitutional authority to conduct the foreign relations of the United States. DED has been authorized in situations where certain groups of noncitizens may face danger if required to return to countries, or any part of such countries, experiencing political instability, conflict, or other unsafe conditions, or when there are other foreign policy reasons for allowing a designated group of noncitizens to remain in the United States temporarily.
• Although DED is not a specific immigration status and does not require Liberians to file an application with USCIS, individuals covered by DED are not subject to removal from the United States, usually for a designated period. Furthermore, the President may direct the Secretary to provide certain benefits that are authorized under the immigration laws, such as employment authorization, to noncitizens covered by the DED directive during the designated period.
• USCIS publishes aFederal Register notice to inform the covered population on how to apply for any benefits provided. See instructions for Form I-765.
• The eligibility requirements for individuals who are covered by DED are based on the terms of the President's memorandum regarding DED and any relevant implementing requirements established by DHS. Since DED is a directive to defer removal of an individual, rather than a specific immigration status like Temporary Protected Status (TPS), there is no DED application form required for an individual to be covered by DED. If an individual covered by DED wants to apply for an EAD, they must file Form I-765. Similarly, if an individual covered by DED wants to apply for advance travel authorization, they must file Form I-131.

Background

The President has determined that there are compelling foreign policy reasons to extend DED for Liberians. Since 1991, the United States has provided safe haven for Liberians who were forced to flee their country as a result of armed conflict and widespread civil strife:

• Due to ongoing civil war, Liberia was first designated for TPS for 12 months effective March 27, 1991, with successive extensions by Attorneys General under President George H.W. Bush and President Clinton to September 28, 1998, and a new designation (also termed “redesignation”) from September 29, 1998, until September 28, 1999.

• Although Attorney General (AG) Reno announced the termination of TPS effective September 28, 1999, President Clinton authorized DED for certain Liberians in the United States until September 29, 2000, citing the fragile political and economic situation in the country at the time, and DED was subsequently extended through September 29, 2002.

• In October 2002, due to the outbreak of another civil war, AG Ashcroft designated Liberia for TPS from October 1, 2002 to October 1, 2003 and subsequently, Secretaries of Homeland Security redesignated Liberia for TPS and extended the designation through October 1, 2006. Secretary Chertoff announced the termination of TPS for Liberia effective October 1, 2007. In September 2007, President Bush announced DED for certain Liberians in the United States for 18 months, from October 1, 2007 until March 31, 2009. Following this DED authorization, DED was extended 5 times: (1) from March 31, 2009, for 18 months; (2) from March 31, 2010, for 18 months; (3) from September 30, 2011, for 18 months; (4) from March 31, 2013, for 18 months; and (5) from October 1, 2014, for 24 months.

• In November 2014, Secretary Johnson designated Liberia for TPS from November 21, 2014, through May 21, 2016, due to an outbreak of Ebola virus disease in West Africa. TPS for Liberia was then extended from May 22, 2016, through November 21, 2016. In September 2016, Secretary Johnson announced a six-month extension of TPS benefits for an orderly transition before termination of Liberia's TPS designation effective May 21, 2017.

• In September 2016, President Obama extended DED for Liberians from October 1, 2016, for 18 months. In March 2018, President Trump announced the expiration of DED for Liberians effective March 31, 2019, following a 12-month wind-down period. In March 2019, President Trump announced the extension of DED for Liberians for an additional 12-month wind-down period through March 30, 2020.

• On December 20, 2019, President Trump signed the National Defense Authorization Act (NDAA) for Fiscal Year 2020 (Pub. L. 116-92) which included a provision titled “Liberian Refugee Immigration Fairness” (LRIF). LRIF provided certain Liberians, including those who had been continuously physically present in the United States since November 20, 2014, as well as their spouses, children, and unmarried sons or daughters, the ability to adjust their status to that of a U.S. Lawful Permanent Resident. Under this provision, eligible Liberian nationals and eligible family members had until December 20, 2020, to apply for adjustment of status.

• In March 2020, President Trump issued a memorandum extending the wind-down period for DED for Liberians through January 10, 2021. In December 2020, the Consolidated Appropriations Act, 2021 (Pub. L. 116-260) extended the LRIF application deadline for an additional year, from December 20, 2020, to December 20, 2021.

• In January 2021, President Biden reinstated DED for Liberians from January 10, 2021, through June 30, 2022, with limited exclusions for certain ineligibilities. In June 2022, President Biden extended and expanded DED for Liberians from June 30, 2022, through June 30, 2024. In addition to those individuals who were covered by DED on June 30, 2022, President Biden expanded DED coverage to certain Liberians, and individuals without nationality who last habitually resided in Liberia, who had been continuously physically present in the United States since May 20, 2017, and were not subject to the categories of individuals excluded from DED by the President's Memorandum. In June 2024, President Biden again extended DED for Liberians from June 30, 2024, through June 30, 2026.

Eligibility and Employment Authorization for DED

How will I know if I am eligible for employment authorization under the DED presidential memorandum for Liberians?

Consistent with the President's June 28, 2024, DED memorandum, the procedures for employment authorization in this notice apply to noncitizens of the United States who are nationals of Liberia (or individuals having no nationality who last habitually resided in Liberia), who have been continuously physically present in the United States since May 20, 2017, and who were eligible for a grant of DED under the President's 2022 memorandum, except for those:

• 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);
• individuals who sought or seek LPR status under the LRIF provision but whose applications have been or are denied by the Secretary of Homeland Security due to ineligibility for the LRIF provision under sections 7611(b)(1)(C) and (b)(3) of the NDAA;
• individuals whose removal the Secretary of Homeland Security determines is in the interest of the United States, subject to the LRIF provision;
• individuals 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;
• individuals who have voluntarily returned to Liberia or their country of last habitual residence outside the United States for an aggregate period of 180 days or more, as specified in subsection (c)(2) of the LRIF provision; or
• individuals who are subject to extradition.

What will I need to file if I am covered by DED and would like to obtain an EAD?

If you are a Liberian covered by DED and want a DED-based EAD, you must file Form I-765. Please carefully follow the Form I-765 instructions when completing the application for an EAD. When filing Form I-765, you must:

• Indicate that you are eligible for DED by entering “(a)(11)” in response to Question 27 on Form I-765; and
• Submit the fee for Form I-765 (or request a fee waiver, which you may submit on Form I-912, Request for Fee Waiver). See Fee Schedule (Form G-1055).

Supporting Documentation

The filing instructions on Form I-765 list all the documents needed to apply. You may also find information on the initial required documents on the USCIS website at https://www.uscis.gov/i-765. If USCIS determines after reviewing your submission that it needs additional information, we will send you a request for evidence.

How will I know if I must submit my biometrics to USCIS?

If USCIS needs biometrics to produce your EAD after you apply, we will send you a biometrics services appointment notice with the time and location of your appointment. You can prepare for your biometrics appointment by visiting the Preparing for Your Biometric Services Appointment web page at https://www.uscis.gov/forms/filing-guidance/preparing-for-your-biometric-services-appointment. Be sure to bring valid photo identification to your appointment.

Where do I find the fees for a DED-based Form I-765?

You can find the most current filing fees for individuals covered by DED by visiting the Form I-765 page at https://www.uscis.gov/i-765. No biometrics fees are required when you file.

Where do I submit my completed DED-based Form I-765?

For a DED-based EAD, mail your completed Form I-765 and supporting documentation to the proper address in Table 1.