U.S. offers temporary legal status to Ukrainians, citing Russian attack


The Biden administration on Thursday offered Ukrainians living in the U.S. a temporary humanitarian protection from deportation due to the ongoing Russian military offensive in Ukraine.

Homeland Security Secretary Alejandro Mayorkas created an 18-month Temporary Protected Status (TPS) program for Ukrainians who have lived in the U.S. since March 1, allowing eligible people to apply for work permits and deportation protections.

“Russia’s premeditated and unprovoked attack on Ukraine has resulted in an ongoing war, senseless violence, and Ukrainians forced to seek refuge in other countries,” Mayorkas said in a statement. “In these extraordinary times, we will continue to offer our support and protection to Ukrainian nationals in the United States.”

The TPS designation is expected to benefit 30,000 Ukrainians living in the U.S. on temporary student, tourist or business visas, which could lapse while fighting continues between the Russian military and forces defending Ukraine. Ukrainians who are in the U.S. without legal permission could also qualify.

Approximately 4,000 Ukrainians are facing U.S. deportation proceedings, including nearly 3,000 asylum-seekers, according to immigration court data compiled by researchers at Syracuse University.

Designed for foreigners from countries plagued by war, natural calamities or other crises, TPS does not grant beneficiaries permanent U.S. status. It also only applies to people already in the U.S., not future arrivals from Ukraine, which has seen more than 1 million of its citizens flee to neighboring countries.

DHS said the conditions in Ukraine justified a TPS designation, noting the Russian military offensive triggered “the largest conventional military action in Europe since World War II.” The conflict, the department added, has led to food and water shortages, and prevented many Ukrainians from accessing medical services and shelter. 

Soon after Russia invaded Ukraine late last month, bipartisan groups of lawmakers in Congress and refugee advocates mounted a vocal advocacy campaign to pressure the Biden administration to shield Ukrainians in the U.S. from deportation.

“Forcing Ukrainian nationals to return to Ukraine in the midst of the war would be inconsistent with America’s values and our national security interest,” 42 senators said in a letter to President Biden last week.

Earlier on Thursday, CBS News reported that U.S. Immigration and Customs Enforcement (ICE) suspended deportations to Ukraine, Russia and seven other European countries.

The Trump administration, which argued TPS was extended longer than appropriate for a temporary program, moved to end several country designations, threatening to strip deportation protections from hundreds of thousands of immigrants in the U.S. However, its efforts were stymied by court rulings.

The Biden administration, on the other hand, has shown a willingness to use its TPS authority more broadly, allowing an additional 400,000 immigrants to apply for the program, including Haitian and Venezuelan exiles who fled the political and economic crises in their home countries.



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