Reinstating Deferred Enforced Departure for Liberians, 7055-7057 [2021-01770]

Agencies

• Executive Office of the President

[Federal Register Volume 86, Number 14 (Monday, January 25, 2021)]
[Presidential Documents]
[Pages 7055-7057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01770]




                        Presidential Documents 



Federal Register / Vol. 86 , No. 14 / Monday, January 25, 2021 / 
Presidential Documents

[[Page 7055]]


                Memorandum of January 20, 2021

                
Reinstating Deferred Enforced Departure for 
                Liberians

                Memorandum for the Secretary of State [and] the 
                Secretary of Homeland Security

                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, 
                in part through the grant of Temporary Protected Status 
                (TPS). The armed conflict ended in 2003, and TPS for 
                affected Liberian nationals ended effective October 1, 
                2007. President Bush then deferred the enforced 
                departure of those Liberians originally granted TPS. 
                President Obama, in successive memoranda, extended that 
                grant of Deferred Enforced Departure (DED) to March 31, 
                2018. President Trump then determined that conditions 
                in Liberia did not warrant a further extension of DED, 
                but that the foreign policy interests of the United 
                States warranted affording an orderly transition period 
                for Liberian DED beneficiaries. President Trump later 
                extended that DED transition period through March 30, 
                2020.

                In December 2019, the Congress enacted the National 
                Defense Authorization Act for Fiscal Year 2020 (Public 
                Law 116-92) (NDAA), which included, as section 7611, 
                the Liberian Refugee Immigration Fairness (LRIF) 
                provision. The LRIF provision, with limited exceptions, 
                makes Liberians who have been continuously present in 
                the United States since November 20, 2014, as well as 
                their spouses and children, eligible for adjustment of 
                status to that of United States lawful permanent 
                resident (LPR). The NDAA gave eligible Liberian 
                nationals until December 20, 2020, to apply for this 
                adjustment of status. After the enactment of the LRIF 
                provision, President Trump further extended the DED 
                transition period through January 10, 2021, to ensure 
                that DED beneficiaries would continue to be eligible 
                for employment authorization during the LRIF 
                application period.

                The LRIF application process was hampered by a slow 
                launch, cumbersome procedures, and delays in 
                adjudication. Recognizing these difficulties, the 
                Congress enacted a 1-year extension to the application 
                period in section 901 of the Consolidated 
                Appropriations Act, 2021 (Public Law 116-260). That 
                legislation, however, did not provide for continued 
                employment authorization past January 10, 2021, the 
                expiration of the most recent DED transition period.

                There are compelling foreign policy reasons to 
                reinstate DED for an additional period for those 
                Liberians presently residing in the United States who 
                were under a grant of DED as of January 10, 2021. 
                Providing work authorization to these Liberians, for 
                whom we have long authorized TPS or DED in the United 
                States, while they initiate and complete the LRIF 
                status-adjustment process, honors the historic close 
                relationship between the United States and Liberia and 
                is in the foreign policy interests of the United 
                States. I urge all Liberian DED beneficiaries to apply 
                promptly for adjustment of status, and I direct the 
                Secretary of Homeland Security to review the LRIF 
                application procedures administered by United States 
                Citizenship and Immigration Services to ensure that 
                they facilitate ease of application and timely 
                adjudication.

                Pursuant to my constitutional authority to conduct the 
                foreign relations of the United States, I have 
                determined that it is in the foreign policy interests 
                of the United States to defer through June 30, 2022, 
                the removal

[[Page 7056]]

                of any Liberian national, or person without nationality 
                who last habitually resided in Liberia, who is present 
                in the United States and who was under a grant of DED 
                as of January 10, 2021. I have also determined that any 
                Liberian national, or person without nationality who 
                last habitually resided in Liberia, who is present in 
                the United States and who was under a grant of DED as 
                of January 10, 2021, should have continued employment 
                authorization through June 30, 2022.

                The Secretary of Homeland Security shall promptly 
                direct the appropriate officials to make provision, by 
                means of a notice published in the Federal Register, 
                for immediate allowance of employment authorization for 
                those Liberians who held appropriate DED-related 
                employment authorization documents as of January 10, 
                2021. The Secretary shall also provide for the prompt 
                issuance of new or replacement documents in appropriate 
                cases.

                This grant of DED and continued employment 
                authorization shall apply to any Liberian DED 
                beneficiary as of January 10, 2021, but shall not apply 
                to such persons in the following categories:

                    (1) 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);
                    (2) 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;
                    (3) Individuals whose removal the Secretary of 
                Homeland Security determines is in the interest of the 
                United States, subject to the LRIF provision;
                    (4) 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;
                    (5) 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;
                    (6) Individuals who were deported, excluded, or 
                removed prior to the date of this memorandum; or
                    (7) Individuals who are subject to extradition.

                Accordingly, I hereby direct the Secretary of Homeland 
                Security to take the necessary steps to implement for 
                eligible Liberians:

                    (1) a deferral of enforced departure from the 
                United States through June 30, 2022, effective 
                immediately; and
                    (2) authorization for employment valid through June 
                30, 2022.

[[Page 7057]]

                The Secretary of Homeland Security is authorized and 
                directed to publish this memorandum in the Federal 
                Register.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, January 20, 2021

[FR Doc. 2021-01770
Filed 1-22-21; 11:15 am]
Billing code 4410-10-P