Sources said that the deportation relief could be authorized by a Temporary Protection Status (TPS), or by President Biden’s Deferred Eforced Departure (DED). They requested anonymity to discuss ongoing discussions.
The U.S. immigration law allows the DHS secretary (Department of Homeland Security) to offer TPS to immigrant in the U.S. to those whose home countries cannot accept them due to armed conflict, natural catastrophes, epidemics or other “extraordinary” circumstances.
DED, which is a similar policy, offers temporary protections for immigrants from certain countries or regions. It is approved by the president, unlike TPS. Both programs allow beneficiaries to apply in both English and Spanish for work permits.
According to government estimates, there are approximately 355,000 Ukrainian immigrants living in the U.S. According to the Migration Policy Institute , approximately 30,000 Ukrainians may be eligible for TPS/DED as they are not U.S citizens or lawful permanent residents.
Potential beneficiaries include Ukrainians who have temporary U.S. Visas. This includes students at American universities as well as those with no legal status. According to an assessment by the U.S., both temporary deportation relief programs wouldn’t benefit new arrivals coming from Ukraine. Millions of people could be forced to flee Ukraine because of the conflict with Russia.
Jen Psaki, White House press secretary, said that TPS would be granted to Ukrainians if the administration was asked earlier Thursday if it would. This decision would have been made “through an interagency process under the Department of Homeland Security.”
Psaki stated that he didn’t know how to predict the future. Representatives from the White House, DHS and DHS both said that they do not have any policy announcements at this moment.
DHS stated earlier in the day that “as is always the situation, we continue to monitor conditions in different countries across the globe,” in a statement.
DHS must consult with the State Department prior to extending TPS in a new country. However, the president is not required for a DED designation. This is usually enacted by an executive order.
As the geopolitical crisis in Ukraine grew on Thursday, following a military offensive from Russian forces, refugee and immigrant advocates urged the administration to protect Ukrainians living in the U.S.
The calls were repeated by Bob Menendez (Democratic chair of the Senate Foreign Relations Committee), New Jersey senator, who asked DHS to promptly announce a TPS designation.
Menendez stated that the war in Ukraine was exactly the kind of crisis TPS was designed for.
Trump’s immigration crackdown included a push to reduce the use of TPS. It also moved to eliminate Obama-era designations of hundreds of thousands of immigrant residing in the U.S.
On the other hand, the Biden administration expanded TPS eligibility for more than 400,000 immigrants, which includes Venezuelans and Haitians who fled the political and economic disasters that have afflicted their homelands in recent decades.
Last summer, Mr. Biden provided DED protections for residents of Hong Kong. This was in response to a crackdown on pro-democracy protests.
Advocates also requested that DHS grant Ukrainian students Special student relief. This would lower course load requirements and allow for more hours. government statistics show that 1,739 Ukrainians were in the U.S. with student visas in the 2020-2021 academic year.
