Biden admin facing calls to give Ukrainians in US protections from deportation

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The Biden administration is facing calls from activist groups and at least one Democratic senator to give Ukrainians currently in the U.S. protection from deportation – amid reports that the Department of Homeland Security is considering such a move.

With the Russian invasion of Ukraine, groups are arguing that the U.S. should grant Temporary Protected Status (TPS) to Ukrainian nationals already in the U.S. TPS protects nationals of designated countries living in the U.S. from potential deportation if they are eligible, allows them to apply for work permits and gives them the freedom to travel.

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TPS status is granted based on three grounds: armed ongoing conflict, environmental disasters or "extraordinary and temporary conditions." The program has been criticized before by immigration hawks, who argue the designation often protects those here illegally and is extended well beyond the immediate time period of an initial emergency or crisis. Alternatively, the Biden administration could issue a similar Deferred Enforced Departure (DED) designation for Ukrainian nationals, which is issued at the president's discretion.

A woman stands with other activists during a protest against Russian invasion of Ukraine during a rally at Lafayette Square, across from the White House, in Washington, D.C., on Feb. 25, 2022. (MANDEL NGAN/AFP via Getty Images)

Activist groups have argued that given the armed ongoing conflict in Ukraine, it would be a straightforward decision. More than 170 groups have written to President Biden, DHS Secretary Alejandro Mayorkas and Secretary of State Antony Blinken, urging them to designate Ukraine for TPS and DED, and also grant students relief (SSR) – citing estimates that it would protect approximately 30,000 Ukrainians.

"Given the already unmet humanitarian need in the country and the effects of armed conflict with Russia, Ukraine is in no state to receive TPS/DED and SSR eligible Ukrainians," the groups argue. "Returning these Ukrainians to an at-war country would further destabilize the precarious conditions."

"For this reason, TPS/DED and SSR for Ukraine support humanitarian interests and address U.S. foreign policy goals by alleviating pressure on the Ukrainian government while the crisis is underway and help stabilize Europe by not adding to the predicted refugee crisis. Returning these nationals to the country poses a serious threat to their personal safety," they say.

In a separate statement, the Catholic Legal Immigration Network (CLINIC), one of the letters' signees, said that "human lives depend on it."

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"War is evil and incongruent with our faith values to honor and protect human life. As we watch in horror the attacks unfolding in the neighborhoods and homes of our Ukrainian brothers and sisters, we urge President Biden to protect human life by extending TPS, DED and SSR to Ukrainians currently in the United States,"Anna Gallagher, CLINIC’s executive director, said in a statement.

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A DHS spokesperson told Fox that it continues to monitor conditions in various countries across the globe but had no announcements at this time. 

However, CBS News reported that the administration is considering either TPS or DED for Ukrainian nationals, citing officials familiar with discussions.

That move has the support of Sen. Bob Menendez, D-N.J., who has previously pushed for broad use of TPS to include El Salvador, Honduras, Nicaragua and Guatemala.

"The war in Ukraine is exactly the type of crisis TPS was created for – to allow people to live and work in the United States when they are unable to return home safely," he tweeted.

Meanwhile, countries in Europe have been making exceptions to immigration rules due to the crisis. The U.K. Home Office announced this week that Ukrainians who are on work, study or visit visas in the U.K. will have them temporarily extended or shifted to another visa pathway.

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Mark Krikorian, at the Center for Immigration Studies, which calls for lower levels of immigration overall, suggested that the U.S. do something similarly limited instead of TPS/DED.

"Why does ‘protection' always mean work permits, Social Security numbers, & driver's licenses (which is the whole point of TPS)?" he tweeted. "How about just extending all Ukrainians' period of stay for six months (whatever visa they came in on) and then revisit?"