Hong Kongers protected by Deferred Enforced Departure (DED) in the U.S. have reportedly been detained by ICE immigration agents. Some say they were threatened with months in detention unless they signed papers agreeing to return voluntarily to Hong Kong. With current protection due to expire on 5 February 2027, what comes next?

Hanscom Smith was U.S. Consul General in Hong Kong while DED was being developed and launched. In “Let’s Talk”, he calls the detention reports very troubling, stressing that DED was intended to let Hong Kongers already in the U.S. choose to remain. While unfamiliar with the individual cases, he considers actions contrary to DED’s established rules problematic.

Smith hopes DED will be extended again and urges the administration and Congress to explore further options. He also hopes the Hong Konger Promise of Refuge Act will pass, while acknowledging its uncertain prospects, and advises Hong Kongers to raise their concerns with their local member of Congress.

Can America’s safe-haven promise still be trusted? Smith says its strength lies in the legal, media and civil-society channels available to address failings – channels that must now help provide clarity and uphold the protection afforded by DED.