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Biden Administration Grants Temporary Protected Status to Ukrainians and Afghans in U.S.
Over the past several weeks, most of the world has watched in horror at footage of the Russian invasion of Ukraine. In less than a month, millions of Ukrainians have fled to neighboring countries in search of safety. For Ukrainians who came to live temporarily in the United States before the invasion for work or study, there is welcome news from the Biden administration: as of March 8, Ukraine was designated for Temporary Protected Status (TPS) for an initial period of 18 months.
“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,” observed Homeland Security Secretary Alejandro Mayorkas. “In these extraordinary times, we will continue to offer our support and protection to Ukrainian nationals in the United States.”
Without the designation of Temporary Protected Status, Ukrainian nationals might have risked deportation back to a country that is currently devastated by war. The TPS designation for Ukraine removes that concern for the time being.
On March 16, Afghanistan was designated for Temporary Protected status for 18 months as well, meaning that Afghans who were physically present in the U.S as of March 15 could remain in the country for at least that time period.
What Temporary Protected Status Does (and Doesn’t Do)
Temporary Protected Status is humanitarian relief for eligible individuals whose home country is experiencing extreme conditions which prevent their ability to safely return. Those extreme conditions can include environmental disaster, such as a severe earthquake, or, as in the case of Ukraine, armed conflict. TPS was initially established by the Immigration Act of 1990, a bipartisan act of Congress. The Department of Homeland Security makes designations of Temporary Protected Status for countries whose conditions warrant this relief.
Approximately 30,000 Ukrainian nationals who were living in the United States as of March 1, 2022, and 74,500 Afghan nationals living here as of March 15, will be affected by the grant of TPS. The designation will protect those people from deportation and allow them to travel and work legally in the United States on a temporary basis.
TPS provides a measure of relief to individuals who would otherwise be faced with the unthinkable prospect of returning to a war-torn country. However, TPS does not, on its own, give those people a pathway to lawful permanent residency (green card status) in the United States or to citizenship. TPS is also only granted for a maximum of 18 months, and many of the conditions that lead to a TPS designation go on for years. However, the U.S. government has the authority to extend a grant of TPS if necessary.
Temporary Protected Status is only available to people who were already in the United States as of a certain date (in this case, March 1, 2022). The people who are currently flooding out of Ukraine due to the war are not eligible for TPS.
Concerns About TPS Designation for Ukraine and Afghanistan
While most Americans support help for Ukraine and Afghanistan, individuals on both sides of the aisle have concerns about the TPS designations. Those in favor of the program say that it doesn’t go far enough. Temporary Protected Status does not help those who have not been present in the United States since a certain date. It also does not, on its own, offer a path to permanent residency or citizenship for those who may never have a home to return to.
Further, recipients of TPS do not have access to all of the rights to which refugees are entitled. In addition to refugee status providing a path to permanent residency and access to more financial aid, refugees are not subject to the level of surveillance that TPS recipients are.
Critics of TPS point out that in the past, TPS has been extended repeatedly for many countries, often for years. As a result, protected people have been allowed to remain in the United States indefinitely. Given the nature of the situations in Ukraine and Afghanistan, some people fear that the same thing will happen this time.
How Ukrainians and Afghans Can Apply for TPS
The fact that Ukraine and Afghanistan have been designated for TPS does not mean that Ukrainians and Afghans in the United States are automatically protected. Individuals from those countries living in the United States must file USCIS Form I-821, Application for Temporary Protected Status, and other associated documents.
The filing process can be complicated, and organizations that help immigrants suggest that people filling out the forms get help to do so. However, these organizations also warn applicants that there are many dishonest people who advertise that they offer help with immigration forms. These people are often unqualified and may take your money without giving you the help you need.
It is important to work with a reputable immigrant aid organization or an experienced immigration attorney when filing your application for TPS. A licensed immigration attorney will help you make sure that your application is complete and includes all the information needed, so that you can receive the protection you need.
If you have questions about Temporary Protected Status for Ukrainians or Afghans, contact our law office to schedule a consultation.