TPS for Ukrainian Immigrants
The war against Ukraine by Russia has led more than one million Ukrainians to flee, and many more are likely to leave the country. Because of Russia’s aggression in Ukraine, President Joe Biden’s administration announced on March 3 that Ukrainians who have been living in the U.S. without legal documentation will be granted temporary protected status to prevent them from being deported to Ukraine while the war rages on. Canada and the European Union also announced they would offer protection for Ukrainian refugees for three years. According to the United Nations, an estimated 10 million Ukrainians could be displaced because of the war in their country.
Calls for Temporary Protected Status for Ukrainians
Both advocacy groups and lawmakers have called for the government to extend protection to Ukrainians through temporary protected status. An estimated 30,000 Ukrainians are present in the U.S. without legal documentation and could benefit from it. The temporary protected status allows them to remain in the U.S. and work for 18 months. In many cases, groups who receive temporary protected status receive extensions of it. Ukrainians who were present in the U.S. on March 1 or earlier will be protected. However, those who enter the country after March 1 will not receive temporary protected status.
Deportations of Ukrainians that were already scheduled on commercial flights were also suspended by the Biden administration. Three Ukrainians were scheduled to be deported to Kyiv on March 1, but they are now allowed to apply for TPS. Between October and January, more than 1,000 people from Ukraine were caught crossing the Southern Border of the U.S.
The Approach to Ukrainian Refugees vs. Others
While the Biden administration moved very quickly to grant temporary protected status to people from Ukraine, advocates point out that the government has not moved to grant similar relief from people from other nations that are also facing persecution and violence. For example, some people who applied for asylum in the U.S. from Cameroon have been denied and deported.
Some immigration advocates argue that others are treated differently because of racism. When asked to comment, the Department of Homeland Security (DHS) did not respond. In the past, Secretary Alejandro Mayorkas has claimed that all migrants are treated equally under the U.S. immigration system.
The calls for the government to offer TPS status to Ukrainians present in the country have been bipartisan. Republican Sen. Rob Portman called for the administration to grant TPS status to Ukrainians on Twitter. Democratic Senator Bob Menendez praised the Biden administration for granting TPS status to Ukrainians, but he also called the government to designate citizens of Afghanistan, Ethiopia, and Cameroon as being eligible for TPS status.
Understanding TPS
The TPS program was created by Congress to protect people who originate from countries experiencing wars, disasters, or other conditions that prevent them from safely going back and was passed in 1990.
More than 400,000 people currently live in the U.S. with temporary protected status, including people from Yemen, Venezuela, Syria, Sudan, South Sudan, Somalia, Nicaragua, Nepal, Honduras, Haiti, El Salvador, and Burma. People who have TPS are authorized to work in the U.S. while their statuses remain in effect.
Some people who advocate for immigration to the U.S. to be limited object to TPS and state that it allows people to permanently remain in the U.S. There is currently a six-month waiting period for people applying for TPS. Ukrainian immigrants who qualify for TPS will also qualify for work authorization.
Canada and the European Union have also announced that Ukrainian immigrants will be protected from deportation and will be authorized to live and work in Canada or Europe. Both Canada and the EU have granted protection to Ukrainian immigrants for three years.
Get Help From a New York Immigration Attorney
If you are eligible for temporary protected status or would be in danger if you were forced to return to your home country, you should talk to a New York immigration attorney at Pozo Goldstein, LLP. Our attorneys include a former judge and two former immigration prosecutors, and we have helped many people with their applications for asylum or TPS. Contact us today for help with immigration services at (212) 201-9031.
