March 25, 2022
The war in Ukraine has been raging since February 24 when Russia invaded and began escalating the conflict that had simmered since 2014. The war has destroyed thousands of buildings, caused billions in property damage, and most importantly, has killed or injured over 17,000 people. Horrifyingly, an additional 3 million people have been driven from their homes and forced to seek refuge in other parts of Ukraine, in neighboring countries, or as far away as they can run. Ukrainians in the U.S. In response to the humanitarian crisis caused by the war, the United States has provided Temporary Protected Status (TPS) to Ukrainians already in the U.S. TPS provides protection for people from countries that are experiencing an ongoing armed conflict, environmental disaster, or other extraordinary conditions which would make deportation back to their country particularly dangerous. Over 70,000 Ukrainians currently present in the U.S. could be eligible for TPS. To be eligible, you must meet the following criteria: • Be a national of the country with TPS designation • Be continually present in the U.S. from the effective date of designation • Have continuously resided in the U.S. from a date specified by the secretary of the U.S. Dept. of Homeland Security • Never have been convicted of a felony or two or more misdemeanors while in the U.S. • Not be barred from asylum eligibility or found inadmissible for other crimes or for national security reasons Those who qualify for TPS must register and pay fees and in return are given a temporary stay of deportation and temporary work authorization. The current TPS designation is good for 18 months from March 1, though it may be extended. U.S. Immigration and Customs Enforcement (ICE) has also announced a temporary halt of deportations to Ukraine, Belarus, Georgia, Hungary, Moldova, Poland, Romania, Russia, and Slovakia while the Russian invasion is ongoing. Advocacy groups are lobbying the President, DHS, and the State Department to further the protections offered by the U.S. and grant Deferred Enforced Departure (DED) and Special Student Relief (SSR) for Ukrainians in the U.S. DED is similar to TPS, in that it temporarily suspends deportations and allows beneficiaries to receive work cards. The main difference is that DED is granted by the President and TPS is granted by the Secretary of Homeland Security. SSR is a particular form of relief for Ukrainian students currently attending U.S. schools on F-1 student visas. It would suspend or alter F-1 visa rules regarding course loads and work eligibility to allow students to Ukrainians in Europe Out of the millions of Ukrainian refugees in Europe, most have fled to nearby countries such as Poland, Hungary, and Slovakia. Because the outcome of the war is still so unclear, many people aim to stay close to Ukraine in case there is a chance of returning home soon. As matters progress in Ukraine, it will become clearer if refugees will be able to return or if they will need permanent resettlement. President Biden has announced that the U.S. will welcome Ukrainian refugees with open arms, but the reality for Ukrainians who may wish to permanently resettle in the U.S. is much more complicated. The process for coming to the United States as a refugee is years-long and complicated. Obtaining temporary visas is also likely to be a lengthy process, due to extended wait times, which had already been exacerbated by the pandemic and are set to grow longer with a surge in applicants. Receiving a temporary, non-immigrant visa also requires proof that the applicant will return to their home country, which is not likely to be something many Ukrainians can prove. Humanitarian parole is another option, although one only open to Ukrainians with U.S. citizen or permanent resident family who can sponsor them. For info on Humanitarian Parole as a process, see our blog post on the Humanitarian Parole crisis in Afghanistan here. As the war continues and legal avenues to U.S. immigration are few, the U.S. is likely to experience an increase in illegal immigration, such as Ukrainians crossing the southern border from Mexico without valid visas. U.S. Foreign Aid for Ukraine The U.S. has taken some steps to provide aid for Ukrainian refugees and civilians in Europe. President Biden has authorized over $107 million in humanitarian aid, which will go towards relief such as medical services, food, shelters, and other necessities. On March 15, President Biden signed a massive government spending bill containing a $13.6 billion aid package for Ukraine, which includes money for military assistance, refugee care, and economic aid for Ukrainian ally countries. The U.S. has also issued economic and trade sanctions against Russia and has passed legislation banning the import of Russian oil. U.S. support of Ukraine has stopped short of backing a no-fly zone over Ukraine, which would ban Russian planes from flying over Ukraine. This would likely help with the air assault that Ukraine has been facing but enforcing the no-fly zone would likely consist of actions that Russia would take as acts of war. The United States has also declined to send troops to fight in Ukraine, further signaling a reluctance to become directly involved in the conflict. Many NGO’s, non-profits, and other organizations in the U.S. and around the world are taking up for Ukraine by providing money and aid to Ukrainians everywhere. Look for our next blog post detailing how you can help the effort to support Ukrainian refugees in large and small ways.