INS headquarters has issued guidance to its field offices in carrying out President Clinton's December 1997 order providing certain Haitian nationals with Deferred Enforced Departure and employment authorization until December 22, 1998.

The eligible class for Haitian DED and related employment authorization consists of Haitian nationals who

- filed for asylum before December 31, 1995 or were paroled into the United States before December 31, 1995, AND

- have been continuously present in the United States since that date.

A person would meet the asylum filing requirement if they were included in a family member's petition and that petition was filed before 1996.

To be continuously present, one must have no absences from the US after December 31, 1995 or, if there were absences since that date: 1) the total time period of such absences does not exceed 180 days; AND 2) for each absence the Haitian either returned to the US with advance parole or was inspected and admitted to the US.

The following persons are not eligible for DED and employment authorization:

1) one convicted of an aggravated felony,

2) one found to be a persecutor of others,

3) one whose removal the Attorney General determines would be in the nation's best interest,

4) one whose presence or activities in the US the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the US;

5) one who voluntarily returned or returns to Haiti or his or her country of last habitual residence outside the US,

6) one deported, excluded, ore removed before December 23, 1997,

7) one who is subject to extradition.

It is not necessary to register for DED status. But it is necessary to apply for employment authorization. To apply for work authorization, Haitian applicants should submit form I-765 along with a special Haitian Deferred Enforced Departure Supplement to Form I-765 to the INS regional service center having jurisdiction over the applicant's state. The address can be obtained on the I-765 form instructions. There is no filing fee. The form can be obtained from the Siskind, Susser, Haas & Chang Immigration Forms Center at http://www.visalaw.com/forms.

Haitians wishing to leave the US during the DED period will need to apply for advance parole by submitting form I-131 with the filing fee to the local INS office. But if the DED applicant returns to Haiti or his or her country of last residence, they may lose their right to remain in the US in DED status and their asylum applications could be jeopardized.

The INS points out in the memo that this relief is temporary in nature and Haitians will need to seek permanent residency through conventional means.