DHS Pauses Ukrainian Deportations Amid Invasion

(March 3, 2022, 6:21 PM EST) -- As Russia pushes forward with its military invasion of Ukraine, the U.S. Department of Homeland Security on Thursday announced it will shield Ukrainians in the U.S. from deportation by granting them temporary protected status.

In a brief news release, the agency said Ukrainians who have lived in the U.S since March 1 will be eligible for temporary protected status for 18 months, as Russia's invasion creates a humanitarian crisis in Eastern Europe.

"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," DHS Secretary Alejandro N. Mayorkas said in a statement Thursday. "In these extraordinary times, we will continue to offer our support and protection to Ukrainian nationals in the United States."

DHS said the incursion has caused significant damage in Ukraine that has left many without shelter, electricity, emergency medical services, and access to food, water and other basic supplies.

"Ukrainians around the world are experiencing the fear and uncertainty caused by President [Vladimir] Putin's premeditated and unprovoked invasion of their country," Senate Majority Leader Chuck Schumer, D-N.Y., said in a statement Thursday. "I've been pushing the Biden administration to help Ukrainian nationals in the United States, and now President [Joe] Biden is taking action to designate Ukraine for temporary protected status."

"I applaud President Biden for taking decisive action so that Ukrainians can stay safely in America," Schumer added. "The United States stands with the people of Ukraine."

Also on Thursday, U.S. Immigration and Customs Enforcement confirmed to Law360 that the agency has paused repatriation flights to Ukraine, citing the humanitarian crisis.

"ICE will continue to monitor the ongoing situation and make operational changes as necessary," an agency spokesperson said.

DHS' announcement comes days after a group of primarily Democratic senators lobbied Biden to shield Ukrainians in the U.S. from deportation, saying he should take all necessary steps to ensure that they aren't forced to return to a conflict zone.

Sens. Dick Durbin, D-Ill., and Rob Portman, R-Ohio, the heads of the Senate Ukraine Caucus, joined with Sen. Bob Menendez, D-N.J., chairman of the Senate Foreign Relations Committee, to urge the Biden administration on Monday to grant Ukrainians temporary protected status, a time-limited protection that provides deportation relief and work permits for people from designated countries in crisis.

It is clearly too dangerous for Ukrainians to return to their home country, which is being attacked by land, sea and air by Russian forces, the senators wrote. At least 353 civilians have been killed since Russia invaded Ukraine, Ukrainian officials estimate.

In a statement Thursday, Menendez said he was "heartened" by the Biden administration's decision to designate Ukraine for temporary protected status.

"Ensuring approximately 30,000 Ukrainians in the United States can receive the protection they deserve, and have the opportunity to work and live in the United States without fear of returning to a country under siege, is absolutely the right and moral thing to do," Menendez said.

"Temporary protected status was created by Congress for exactly this purpose — to protect people whose home countries have experienced armed conflict, an environmental disaster or extraordinary conditions that prevent people from safely returning home," he added.

But Menendez also said he wants to see such protections for nationals from Cameroon, Ethiopia and Afghanistan.

Last week, more than 100 organizations, including Amnesty International USA and Human Rights Watch, urged the White House to grant Ukrainians TPS or deferred enforced departure, a similar form of deportation relief

Currently, the U.S. has provided TPS protections for people from a dozen countries, including Burma, Yemen and El Salvador. Afghanistan, which fell to the Taliban in August after the U.S. withdrew its troops, is not designated under the program, despite pleas from immigration and human rights advocates to provide those immigration protections for Afghans evacuated to the U.S., many of whom have no clear path to legally stay in the country after their parole expires.

--Additional reporting by Alyssa Aquino and Marco Poggio.Editing by Michael Watanabe.

Update: This story has been updated with additional comment about DHS' announcement, as well as ICE's decision to stop repatriation flights.

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