President Joe Biden announced Deferred Enforced Departure (DED) for up to 18 months for Palestinians currently residing in the United States. The president took this action due to the terrorist attacks on Israel on Oct. 7, 2023, the military response, and the humanitarian conditions in the Palestinian territories, particularly Gaza. Individuals do not need to apply for DED if they meet the eligibility conditions. But an application is required if they desire work authorization.

It is believed that the grant of DED will affect approximately 6,000 Palestinians who have been present in the United States since Feb. 14, 2024. It will not include anyone:

  • Who has voluntarily returned to the Palestinian territories after Feb. 14, 2024;
  • Who has not continuously resided in the United States since Feb. 14, 2024;
  • Who is not admissible or is subject to extradition; or
  • Whose presence in the United States presents a danger to public safety or potential serious adverse foreign policy consequences.

DED is temporary relief from removal that the president may authorize. In conjunction with DED, President Biden has authorized the Department of Homeland Security to suspend certain requirements for Palestinian F-1 students who, due to the conditions in their home territory, need to be able to work longer hours and attend fewer courses than is usually allowed.

Individuals from Hong Kong and Liberia are also authorized for DED.

Details regarding Palestinian DED and instructions on how to apply for work authorization are due to be published in the Federal Register soon.

Jackson Lewis attorneys are available to answer any questions regarding DED, Temporary Protected Status, and verification of work authorization for those in these categories.

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Photo of Forrest G. Read IV Forrest G. Read IV

Forrest Read is a Principal in the Raleigh, North Carolina, office of Jackson Lewis P.C. He has extensive experience in both business immigration law and employment law and has particular focus in legal issues in graduate medical education (GME).

Mr. Read’s immigration practice…

Forrest Read is a Principal in the Raleigh, North Carolina, office of Jackson Lewis P.C. He has extensive experience in both business immigration law and employment law and has particular focus in legal issues in graduate medical education (GME).

Mr. Read’s immigration practice focuses on assisting employers in obtaining employment-based nonimmigrant visas (e.g., H-1B, L, O, TN) for foreign national employees and work-related immigrant (green card) visas, including PERM Labor Certifications, and advising employers on compliance with U.S. immigration laws and regulations. He has broad experience in advising large, mid-size and small employers on their various immigration needs and developing strategies to help them navigate through complex immigration issues. He also has particular experience in counseling employers in the health care industry and addressing immigration-related issues that arise for their broad range of health care professional employees (including advising on and obtaining employment authorization for medical residents and fellows and obtaining J-1 visa waivers for foreign national physicians completing their medical training in the United States). His immigration practice also includes defending employers in connection with Department of Labor H-1B and H-2B investigations.

Mr. Read’s employment law experience includes representing management, particularly academic medical centers in the GME context, in a wide array of workplace disputes and litigation before federal and state courts and administrative agencies, including matters related to discrimination, retaliation, harassment, disability, family and medical leave, various wage and hour issues, contracts, and intentional torts. He advises academic medical centers on the interplay between applicable academic law and employment law and the ramifications of what are divergent legal requirements and standards. Mr. Read also provides counsel with respect to the legal impact of competency standards for residents and trainees in GME, including situations involving discipline, remediation, and dismissal. He provides advice and guidance in the peer review process, including provision of verification and assessment of training in response to third party inquiries.

As a member of the Firm’s Corporate Diversity Counseling group, Mr. Read also has experience in providing assessments and making recommendations to corporate and institutional clients with respect to diversity and inclusion policies and initiatives, conducting related internal investigations, and shaping, developing and enforcing effective policies and initiatives to ensure consistency with client values and in furtherance of business goals and objectives.