DED Covered Population – Palestinians

On Feb. 14, 2024, President Biden issued a memorandum on DED for Palestinians to defer for 18 months the removal of certain Palestinians who were present in the United States on Feb. 14, 2024, except for those:

• Who voluntarily returned to the Palestinian Territories after Feb. 14, 2024;
• Who have not continuously resided in the United States since Feb. 14, 2024;
• Who are inadmissible under section 212(a)(3) of the Immigration and Nationality Act (INA) (8 U.S.C. 1182(a)(3)) or deportable under section 237(a)(4) of the INA (8 U.S.C. 1227(a)(4));
• Who have been convicted of any felony or 2 or more misdemeanors committed in the United States, or who meet the criteria in section 208(b)(2)(A) of the INA (8 U.S.C. 1158(b)(2)(A));
• Who are subject to extradition;
• Whose presence in the United States the secretary of homeland security has determined is not in the interest of the United States or presents a danger to public safety; or
• Whose presence 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.

Employment Authorization

You are eligible for employment authorization under the DED period if you:

• Are a Palestinian as described in the Federal Register notice cited above;
• Were present in the United States on Feb. 14, 2024;
• Have continuously resided in the United States since Feb. 14, 2024; and
• Are otherwise eligible for DED.

*PLEASE NOTE: A Palestinian is defined as an individual of any nationality, or without nationality, who possesses any of the documents listed below, regardless of current validity or expiration. You may submit copies of any of these documents to establish your Palestinian identity:

• A Palestinian Authority Passport;
• A Palestinian Authority Identification Card;
• A birth certificate or birth extract verified or issued by a recognized governmental authority identifying the holder as having been born in the Palestinian territories;
• An identification document issued by a third country, the United Nations, its specialized agencies and related organizations, or the International Committee of the Red Cross indicating the holder is a Palestinian; or
• A travel document issued by a third country, the United Nations, its specialized agencies and related organizations, or the International Committee of the Red Cross identifying the holder as a Palestinian.

On June 14, 2007, the designated foreign terrorist organization Hamas took de facto administrative control of Gaza, to include issuing civil documents for that territory. The U.S. government does not accept documents issued by Hamas in Gaza unless the documents are verified by the Palestinian Authority in the West Bank. It is the responsibility of the applicant submitting a document issued after June 14, 2007, from any governmental agency in Gaza to obtain verification from the Palestinian Authority. The U.S. Consulate General in Jerusalem does not assist in this process.

Examples of documents that you can submit to establish presence or continuous residence include, but are not limited to, copies of any of the following:

• Passport;
• Form I-94, Arrival-Departure Record;
• Employment records;
• Rent receipts, utility bills (gas, electric, telephone, etc.) or receipts, or letters from companies showing dates when the applicant received service;
• Passport entries;
• Bank books with dated transactions;
• Selective Service card;
• Attestations of your residence by churches, unions, or other organizations;
• Affidavits;
• Money order receipts for money sent into or out of the United States;
• Birth certificates of children born in the United States;
• Correspondence between you and others; or
• Your Social Security card.

How to Apply for an Employment Authorization Document

If you are covered under DED for Palestinians and you want a DED-based Employment Authorization Document (EAD) valid through Aug. 13, 2025, follow the instructions provided in the Federal Register notice to apply for an EAD.

You must file Form I-765, Application for Employment Authorization, and pay the associated fee (or request a fee waiver). On Form I-765, indicate that you are covered under DED for Palestinians by putting “(a)(11)” in response to Question 27. You may request a fee waiver by submitting Form I-912, Request for Fee Waiver, or a written request.

If we need biometrics to produce a secure EAD, we will notify you of your appointment to appear at a USCIS Application Support Center.

You may check general processing times for Form I-765 on our processing times page.

How to Request Authorization to Travel Outside the United States

DHS may provide travel authorization as a discretionary benefit of DED for eligible Palestinians. You must file for advance parole if you wish to travel outside of the United States temporarily. Advance parole authorizes U.S. Customs and Border Protection (CBP) to allow you to return to the United States during a specified period. A CBP inspector will make the final decision on your reentry. If you leave the United States without first receiving advance parole, you may no longer be eligible for DED and may not be permitted to reenter the United States.

Please also be advised that if you return to the Palestinian Territories, you will not be permitted to resume DED in the United States. The presidential memorandum providing for DED for Palestinians excludes individuals who voluntarily return to the Palestinian Territories after Feb. 14, 2024.

To request advance parole, you must file Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records, and pay the associated fee. The filing instructions on Form I-131 list all the documents you must provide. You may also find information about acceptable documentation and DED eligibility on USCIS’ Deferred Enforced Departure webpage.

You may file Form I-765 and Form I-131 together or separately.