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Congressman Dan Goldman Calls on Biden Administration to Protect Palestinians in the United States from Deportation to War Zone

November 9, 2023

Temporary Protected Status, Deferred Enforced Departure Would Temporarily Prevent Palestinians Already in United States from Removal to a War Zone

State Department Has Extended a Level Four Travel Advisory for Gaza Due to ‘Terrorism, Civil Unrest, and Armed Conflict’ and a Level Three Travel Advisory for the West Bank

Read the Letter Here

Washington, D.C. – Congressman Dan Goldman (NY-10) joined Senator Dick Durbin (D-IL), Congresswoman Pramila Jayapal (WA-07), and Congresswoman Jan Schakowsky (IL-09) in calling on the Biden Administration to authorize Temporary Protected Status (TPS) and/or Deferred Enforced Departure (DED) for Palestinians in the United States. These designations would prevent Palestinian immigrants who are already in the United States from being sent to an active war zone in the Palestinian territories.

“TPS or DED would enable Palestinians currently present in the U.S., including students, tourists, and workers, to be protected from a dangerous return to their homeland while affording them the ability to remain safely in the U.S. and to work legally to support themselves and their families,” the Members wrote.

According to reports from the United Nations Office for the Coordination of Humanitarian Affairs (OCHA), as of October 29, at least 8,000 Palestinians have been killed. This includes more than 3,300 children, which, according to Save the Children, is more than the number of children killed in all of the world’s armed conflicts on an annual basis since 2019.

The United Nations reports that 1.4 million of Gaza’s population of 2.2 million have been displaced. Thousands are unable to access clean water and nutrition; access to medical care has become increasingly difficult, with some health facilities in Gaza hit by bombardment and many others crippled by a lack of fuel for electricity.

The U.S. Department of State extended a Level 4 Travel Advisory for Gaza due to “terrorism, civil unrest and armed conflict” and a Level 3 Travel Advisory for the West Bank earlier this month for terrorism and civil unrest. Providing TPS and/or authorizing DED would protect Palestinians in the United States from being forced to return to these clearly dangerous conditions.

Read the letter here or below:

Dear President Biden:

November 8, 2023

We urge your Administration to designate the Palestinian territories for Temporary Protected Status (TPS) and/or authorize Deferred Enforced Departure (DED) for Palestinians present in the United States. As you know, TPS and DED offer temporary relief from removal and work authorization for eligible foreign nationals who are unable to return safely to their home countries or part of a country. In light of ongoing armed conflict, Palestinians already in the United States should not be forced to return to the Palestinian territories, consistent with President Biden’s stated commitment to protecting Palestinian civilians.

Following the horrific October 7 terrorist attack by Hamas and Israel’s ensuing military response, conditions in the Palestinian territories have greatly deteriorated. According to reports from the United Nations Office for the Coordination of Humanitarian Affairs (OCHA), as of October 29, at least 8,000 Palestinians have been killed. This includes more than 3,300 children, which, according to Save the Children, is more than the number of children killed in all of the world’s armed conflicts on an annual basis since 2019. The United Nations reports that 1.4 million of Gaza’s population of 2.2. million have been displaced of which “[s]ome 629,000 internally displaced people (IDPs) are sheltering in 150 UNRWA [United Nations Relief and Works Agency for Palestinian Refugees in the Near East] installations across the Gaza Strip.” Further, OCHA reports at least 42 percent of all housing units in the Gaza strip as damaged or destroyed since October 7. Thousands are unable to access clean water and nutrition; access to medical care has become increasingly difficult, with some health facilities in Gaza hit by bombardment and many others crippled by a lack of fuel for electricity. And in the West Bank, protests and settler violence have resulted in the deaths of more than 100 Palestinians and the forcible displacement of hundreds more. Such forcible displacement from the West Bank is of serious concern, and we also share the Administration’s opposition to the “displacement of Palestinians from Gaza.” At the same time, we believe that Palestinians currently in the United States who cannot safely return home at this time should have the option of seeking temporary protection.

Given these conditions, it is no surprise that the U.S. Department of State extended a Level 4 Travel Advisory forGaza due to “terrorism, civil unrest and armed conflict” and a Level 3 Travel Advisory for the West Bank earlier this month for terrorism and civil unrest. Providing TPS and/or authorizing DED would protect Palestinians in the United States from being forced to return to these clearly dangerous conditions.

There is precedent for analogous designations. In 1998, there was a designation of only the Province of Kosovo in light of ongoing armed conflict. Montserrat was designated for TPS in 1997 when volcanic eruptions caused nearly two-thirds of its population to flee. At the time, Montserrat was a colony of the United Kingdom, and Montserratians did not enjoy British residency rights or citizenship. Similarly, DED is currently authorized to defer the removal of certain residents of Hong Kong present in the United States.

U.S. Department of State statistics indicate that 7,241 nonimmigrant visas were issued to individuals holding Palestinian Authority (PA) travel documents in 2022, the most recent year for which such data is available. While the number of non-immigrant visas issued cannot provide an exact approximation of the number of Palestinians that would be eligible for TPS or DED, it makes clear that the number of beneficiaries would be small, while the benefit could be lifesaving. TPS or DED would enable Palestinians currently present in the U.S., including students, tourists, and workers, to be protected from a dangerous return to their homeland while affording them the ability to remain safely in the U.S. and to work legally to support themselves and their families.

As such, we urge your Administration to designate the Palestinian territories for TPS and/or to authorize DED forPalestinians in the United States without delay. Thank you for your consideration of this request.

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Issues:Congress