WITH UKRAINE || З Україною

The following comes from the official US Citizenship and Immigration Services website, at www.uscis.gov/humanitarian/temporary-protected-status.

The Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country's nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. USCIS may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States. Eligible individuals without nationality who last resided in the designated country may also be granted TPS.

The Secretary may designate a country for TPS due to the following temporary conditions in the country:

• Ongoing armed conflict (such as civil war)

• An environmental disaster (such as earthquake or hurricane), or an epidemic

• Other extraordinary and temporary conditions

During a designated period, individuals who are TPS beneficiaries or who are found preliminarily eligible for TPS upon initial review of their cases (prima facie eligible):

• Are not removable from the United States

• Can obtain an employment authorization document (EAD)

• May be granted travel authorization

Once granted TPS, an individual also cannot be detained by DHS on the basis of his or her immigration status in the United States.

Ukraine's TPS protections are set to expire on October 19. Without them, Ukrainian refugees could lose their pay, and potentially even their driver's licenses, homes, and jobs. They could also face possible detention and deportation.

However, there is one importantant detail to note: by operation of federal law, these protections have already been extended for six months.

This comes down to the Immigration and Nationality Act, or INA, Section () §244(b)(3)(C), below.
(A) Periodic review.-At least 60 days before end  of the initial period of designation, and 

any  extended period of designation, of a foreign state  (or part thereof) under this section 

the Attorney  General, after consultation with appropriate  agencies of the Government, 

shall review the  conditions in the foreign state (or part of such  foreign state) for which a 

designation is in  effect under this subsection and shall determine  whether the conditions 

for such designation under  this subsection continue to be met. The Attorney  General 

shall provide on a timely basis for the  publication of notice of each such determination  

(including the basis for the determination, and,  in the case of an affirmative 

determination, the  period of extension of designation under  subparagraph (C)) in the 

Federal Register. 

(B) Termination of designation.-If the Attorney  General determines under subparagraph 

(A) that a  foreign state (or part of such foreign state) no  longer continues to meet the 

conditions for  designation under paragraph (1), the Attorney  General shall terminate the 

designation by  publishing notice in the Federal Register of the  determination under this 

subparagraph (including  the basis for the determination). Such termination  is effective 

in accordance with subsection (d)(3),  but shall not be effective earlier than 60 days  after 

the date the notice is published or, if  later, the expiration of the most recent previous  

extension under subparagraph (C). 

(C) Extension of designation.-If the Attorney  General does not determine under 

subparagraph (A)  that a foreign state (or part of such foreign  state) no longer meets the 

conditions for  designation under paragraph (1), the period of  designation of the foreign 

state is extended for  an additional period of 6 months (or, in the  discretion of the 

Attorney General, a period of 12  or 18 months).

There has been no decision to terminate Ukraine's status published in the Federal Register by August 20th, the 60-day deadline. By law, that means Ukraine's status is extended for six months automatically. This clause is self-executing, and the federal government doesn't have to acknowledge it for it to enter into force. It's the law.

But the Department of Homeland Security and USCIS (one of its sub-agencies) have not acknowledged this and still list October 19th as Ukraine's expiration date. That's worrying. And it's why I'm working with community leadership to express our concern and bring attention to this important issue.