San Francisco – On September 17, ICE agents detained Ho Yin Mo, a field representative for California Assemblywoman Catherine Stefani, at a detention center in Nevada. The arrest quickly drew attention from local officials, state legislators, and the broader Hong Kong immigrant community.

Administration’s stance

The White House, representing the Trump administration, described Mo as an “illegal immigrant” after the Department of Homeland Security said he entered the United States lawfully on a temporary basis on Jan. 13, 2020, but failed to depart by the May 15, 2020 deadline. The administration’s position is that the law requires removal of individuals who overstay their authorized stay.

Legal background and DED protection

Immigration attorneys and community advocates argue that Mo is likely covered by Deferred Enforced Departure (DED), a presidential directive created in 2021 to protect Hong Kong residents who face persecution after the June 2020 national security law. DED is not an immigration status; it simply shields eligible Hong Kongers from deportation until Feb. 5, 2027.

According to a April 2025 notice from U.S. Citizenship and Immigration Services, there is no separate DED application form. Eligibility is broad: any Hong Konger who was physically present in the United States on Jan. 15, 2025, is automatically covered and cannot be removed.

Samuel Bickett, a Washington, D.C.–based immigration lawyer who specializes in Hong Kong issues, explained, “Generally, any Hong Konger who resides in the United States and was physically in the United States on January 15, 2025 is absolutely covered by DED and is not removable.” He added that roughly 3,000 to possibly 7,000 individuals are currently protected under the program.

Community reaction

Local leaders in San Francisco City Hall and several state legislators have called for Mo’s immediate release. Online, both English‑ and Chinese‑language social media users accused Assemblywoman Stefani of hiring an “illegal immigrant,” despite her statement that Mo is a “legal employee of the California State Legislature.”

Friends of Mo, who asked to remain anonymous, insist he is covered by DED. One friend said, “As long as you know someone has been in the country since 2021, they are 100 percent covered by DED.” The arrest has caused anxiety among Hong Kong immigrants, many of whom have begun canceling domestic travel plans out of fear of similar detentions.

Legal challenges and past arrests

Mo is not the first DED holder to face ICE action. Arrests of Hong Kong DED recipients began in June and have continued at a rate of at least a couple per week, according to Bickett. He described the situation as “sad irony” and “absolutely insane,” noting that courts have repeatedly ruled such detentions unlawful when DED protection is asserted.

In prior cases, Bickett has had to inform DHS lawyers that his clients possess DED status, prompting the agency to acknowledge the protection yet still proceed with detention. He contends that ICE’s claim to hold DED holders in detention conflicts with established court rulings that these individuals should be released on bond or found not removable.

Impact on the local Hong Kong community

The San Francisco Bay Area is a major destination for Hong Kong immigrants, drawn by job opportunities and a sizable Cantonese‑speaking population. Word‑of‑mouth warnings have circulated urging DED holders to avoid domestic air travel, and many have canceled upcoming trips following Mo’s detention.

Evelyn Wiese, program director at the Asian Law Caucus, called the current climate “terrifying” and said the administration appears to be expanding the categories of individuals it targets. “It really is a campaign of cruelty and it’s a campaign to redefine who belongs in our country,” she said.

Current status

Mo remains at the Southern Nevada Detention Center while awaiting a hearing scheduled for September 30 in Las Vegas. The Department of Homeland Security has not responded to inquiries about whether Mo qualifies for DED protection.

Original reporting: Mission Local — read the source article.