New US bill would offer permanent residence to Hong Kongers as arrests of DED holders continue
Hong Kong Watch welcomes the introduction of the Hong Konger Promise of Refuge Act (H.R.10685, S.5606), introduced on October 6, 2026 in the Senate by Senator Jeff Merkley and in the House of Representatives by Rep. Jim McGovern. The bill would allow Hong Kongers covered by Deferred Enforced Departure (DED) to apply for permanent residence in the United States.
Hong Kongers in the US have been shielded from removal under DED since August 2021, after the President determined it would not be safe to return these pro-Democracy Hong Kongers to the city amidst Beijing’s authoritarian crackdown. However, DED rests solely on presidential memoranda. No law requires it to be renewed, it offers no route to permanent status, and the current period expires on February 5, 2027.
Despite their lawful presence in the US, ICE began arresting Hong Kongers covered by DED around June 2026 and the arrests have continued since. Immigration judges and federal courts have ordered some of them released. At the same time, Hong Kong’s National Security Law claims jurisdiction over acts committed anywhere in the world, and Hong Kong police have publicly named overseas pro-democracy activists as wanted and offered bounties of up to HK$1 million (US$127,400), most recently in July 2025. Many Hong Kongers on DED would face repression at best and political imprisonment at worst if returned to Hong Kong.
Under the bill, DED recipients would have one year from enactment to apply to US Citizenship and Immigration Services (USCIS) for permanent residence. Their spouses and children could apply too. While an application is pending, the applicant could not be removed and would be authorised to work. Applicants must have lived in the US continuously, must not have returned to Hong Kong or mainland China, and must have no felony or multiple misdemeanor convictions.
The bill follows the Chinese Student Protection Act of 1992, which granted permanent residence to People’s Republic of China nationals in the US after the Tiananmen Square Massacre. Like that law, it covers a closed group with a single application window and no continuing eligibility. It does not change who may come to the US in future, and everyone who would benefit from the law has already been previously granted a visa and screened for national security risk by a US consulate.
Ray Wong, Policy and Strategy Advisor of Hong Kong Watch, said:
“Hong Kongers were given protection because of a crackdown the United States has condemned for seven years, and now they are being arrested despite that protection. A memorandum that expires in February is no safeguard against a government that puts bounties on its critics abroad. This bill finishes the job for a small group of people who are already here and have already been screened. Sending them back would put them at the mercy of a government that has already put a price on the heads of people like them.”
Photo: Ivan Dražić on Pexels