The Department of Homeland Security clarified Sunday that it is not barred from initiating removal proceedings against Hong Kong residents covered by Deferred Enforced Departure, even as their protections remain in place until early next year.

A DHS spokesman told the South China Morning Post that work authorization under the program does not confer legal immigration status. The statement followed a Politico report detailing the detention of at least a dozen such individuals at U.S. airports since June.

DED for certain Hong Kong residents was first granted by President Biden in 2021 and extended through February 5, 2027. The program defers enforcement of deportation but provides no permanent status or guarantee of renewal.

Immigration and Customs Enforcement officers have detained the individuals during travel attempts, with some held for periods ranging from 10 days to two months. Immigration judges ordered releases in those cases, though ankle monitors and travel restrictions were imposed.

The Trump administration has maintained an aggressive approach to immigration enforcement. State Department officials have signaled to advocates that an extension of DED beyond its February expiration is unlikely.

Democrats in Congress introduced legislation last week that would allow eligible DED recipients to apply for permanent residency. The bill, sponsored by Sen. Jeff Merkley and Rep. Jim McGovern, would provide a one-year window for applications while barring removal during processing.

Hong Kong's national security law continues to raise concerns for pro-democracy activists abroad. The current DED framework stems from determinations that return to Hong Kong posed risks amid Beijing's crackdown.

DHS emphasized that temporary designations like DED leave individuals subject to enforcement discretion. The clarification underscores that such programs remain administrative tools without creating broader legal entitlements.