Pro-democracy supporters fleeing Hong Kong receive temporary US haven

Decision comes as China and US continue to be at odds over foreign policy and trade

Under the memorandum, people from Hong Kong currently residing in the US can live and work in the country for 18 months. AFP

US President Joe Biden granted temporary refuge on Thursday to people from Hong Kong amid the Chinese government’s efforts to stamp out the region's pro-democracy movement.

Mr Biden signed a memorandum allowing people from Hong Kong currently residing in the US to live and work in the country for 18 months, a move likely to further inflame the already tense relations between Washington and Beijing.

The decision to provide a temporary safe haven comes in response to Hong Kong’s sweeping new national security law and other measures that undercut the rights promised when the former British colony was handed back to China in 1997. It also comes as China and the US are at odds over foreign policy and trade.

“Given the politically motivated arrests and trials, the silencing of the media, and the diminishing the space for elections and democratic opposition, we will continue to take steps in support of people in Hong Kong,” White House Press Secretary Jen Psaki said.

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Protests in Hong Kong began in 2019 against a proposed law allowing extraditions to mainland China. Under the new national security law, which took effect in June, police have arrested at least 100 opposition politicians, activists and demonstrators.

Changes have also been made to Hong Kong’s election laws to reduce the number of directly elected politicians and give a largely pro-Beijing committee the leeway to nominate those aligned with the mainland government.

“Despite widespread demonstrations, which brought millions together to call for greater freedom, Hong Kong’s promise of democracy has dimmed,” Secretary of State Antony Blinken said as the measure granting safe haven was announced.

China has said it is merely restoring order to the city and instituting national security protections found in other countries. It has denounced US sanctions on Hong Kong officials as interference in its domestic affairs.

Through @POTUS Biden’s direction of Deferred Enforced Departure, we are offering a safe haven in the United States to those who fear returning to Hong Kong. We stand with the people of Hong Kong and will continue to stand up for the human rights and freedoms they are guaranteed.

— Secretary Antony Blinken (@SecBlinken) August 5, 2021

There are several thousand people from Hong Kong in the US who would be eligible to remain and avoid being deported under what is formally known as deferred enforced departure, the Department of Homeland Security said.

Under US law, the president is able to grant deferred enforced departure as part of the constitutional power to conduct foreign relations. Former president Donald Trump granted it for Venezuelans right before he left office.

Members of Congress have for months called for the granting of temporary protected status to people from Hong Kong, prompting criticism from immigration opponents that it would allow people to stay who are not opponents of the Chinese government. There is also broader criticism that previous recipients of temporary status have obtained quasi-permanent legal residency after repeated extensions.

The deferred departure authorised by the Biden administration for people from Hong Kong exempts them from deportation except in certain circumstances, including for those who voluntarily return to the city, have not continuously resided in the US, or have committed a felony or two or more misdemeanours while in the country.

Updated: August 5th 2021, 7:11 PM