INS Issues Instructions for Liberian DED Applicants

IMMIGRATION LAW & POLICY

Asylum, Refugee, and Other
Protected Statuses

INS ISSUES INSTRUCTIONS FOR LIBERIAN DED APPLICANTS
Immigrants' Rights Update, Vol. 15, No. 7, Nov. 16, 2001

In our last issue of Immigrants' Rights Update, we reported that President George W. Bush had authorized deferred enforced departure (DED) for qualified Liberians until Sept. 29, 2002. On Oct. 16, 2001, the Immigration and Naturalization Service announced that it would defer the deportation or removal of qualified Liberians present in the U.S. and provided instructions on how they could apply for this relief. DED allows qualified Liberians to remain in the U.S. and obtain work authorization. The INS instructions and Liberian DED supplemental form differ from the presidential order in one significant respect: whereas the order extends DED to all nationals of Liberia present in the U.S. "as of September 29, 2001," with certain exceptions, the INS form and instructions require individuals to have been present in the U.S. as of Sept. 29, 1999. The INS instructions for filing are reviewed below.

Employment Authorization. To obtain employment authorization, qualified Liberian nationals will need to file Form I-765, Application for Employment Authorization, and Form I-765D, Liberian DED Supplemental to Form I-765, with the district office that has jurisdiction over the applicant's place of residence. The filing fee for work authorization applications is waived for DED recipients. However, all first-time applicants will be required to submit the standard $25 fingerprint fee.

The INS instructions direct its district directors to take steps to process DED-related employment authorizations immediately so as to avoid lapses in work authorization.

Establishing Eligibility for Work Authorization. To establish their eligibility for work authorization, applicants must submit a copy of the following documentation, if available:

Form I-94, Arrival Departure Record
Most recent employment authorization document
Photo identification card or a school identification card
Two photographs of the applicant

If these documents are unavailable, applicants must submit an affidavit affirming their Liberian nationality. The INS instructions state that they must also attest that they were present in the U.S. as of Sept. 29, 1999, and are eligible for DED. The INS will interview applicants to assess their eligibility.

The instructions note that while DED is automatic for qualified Liberians, there are some exceptions to eligibility under this program. These exceptions apply to persons:

who are ineligible under section 244(c)(2)(B) of the Immigration and Nationality Act (persons who have committed a felony or two or more misdemeanors or are barred from asylum under INA section 208(b)(2) (persecutors of others; persons who have been convicted of certain crimes or who are security risks));
whose removal is in the best interest of the U.S.;
whose presence or activities in the U.S. the secretary of State has reasonable grounds to believe would have potentially serious adverse foreign policy consequences for the U.S.;
who voluntarily returned (or return) to Liberia or their country of last habitual residence outside the U.S.;
who were deported, excluded or removed before the date of the memo; or
who were subject to extradition.