DHS Announces Temporary Protected Status for Ukraine, Sudan, and South Sudan

The Department of Homeland Security (DHS) announced the designation of Ukraine for Temporary Protected Status (TPS) for 18 months.

A person granted TPS is allowed to stay in the United States lawfully for the period of designation, and may work legally during that time by obtaining an Employment Authorization Document (EAD).

“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,” said Secretary Alejandro N. Mayorkas. “In these extraordinary times, we will continue to offer our support and protection to Ukrainian nationals in the United States.”

Further, due to the hostilities, Immigration and Customs Enforcement (ICE), has also announced a small reprieve on deportations to Ukraine, Russia, Belarus, Moldova, Poland, Romania, Hungary, Slovakia and Georgia. It is unclear how long ICE will suspend deportations to these countries.

Individuals from Ukraine eligible for TPS under this designation must have continuously resided in the United States since March 1, 2022. Individuals who attempt to travel to the United States after March 1, 2022, will not be eligible for TPS. Ukraine’s 18-month designation will go into effect on the publication date of the forthcoming Federal Register notice. The Federal Register notice will provide instructions for applying for TPS and an Employment Authorization Document.

Due to political instability, unrest, and armed conflict, Secretary Mayorkas also gave a new designation of TPS to Sudan and an extension and re-designation of South Sudan for TPS for 18 months. Individuals newly eligible for TPS under the Sudan designation must have continuously resided in the United States since March 1, 2022. This includes those who benefited from the previous TPS designation for Sudan, which required continuous residence in the United States on or before January 9, 2013.

The 18-month extension and re-designation of South Sudan for TPS will be in effect from May 3, 2022, through November 3, 2023. To be eligible, individuals must have continuously resided in the United States since March 1, 2022, and meet all other TPS eligibility criteria. The extension of South Sudan allows currently eligible TPS South Sudan beneficiaries to re-register and retain TPS through November 3, 2023, so long as they otherwise continue to meet the TPS eligibility requirements.

Photo Credit: Stefan Müller

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