As 4.4 Million Ukrainian Refugees Flood Europe, U.S. Stalls Pondering Options

According to the United Nations, over 11 million Ukrainians have been displaced since the Russian invasion began on February 24th, 2022. Russia’s unprovoked attack has forced over 4.4 million Ukrainians to cross its border into neighboring countries. Not since the end of World War II has Europe witnessed so many displaced persons. Poland, in particular, has shouldered the greatest burden, with over 2.5 million displaced Ukrainians entering the country. This simply cannot go on forever.

While he was in Europe, President Biden announced that the United States would be accepting up to 100,000 refugees fleeing from Ukraine. But the U.S. administration is still trying to figure out how precisely it will admit these displaced migrants into the country. Until then, it may be worthwhile to consider what U.S. programs are open to Ukrainian refugees at the moment and what else could be added.

Asylum Claims

Contrary to what appears to be intuitively possible, a Ukrainian asylum claim will not succeed. That is because, despite the existence of the war, proving fear of persecution by one’s own government – a key component of refugee claims – is not true as long as the Ukrainian government remains in power in Ukraine. That being the case, unless a special refugee designation is implemented, few Ukrainians will succeed in coming to the U.S. in this way.

Visitor’s Visas

A visitor’s visa is a temporary means for persons who want to come to the United States for a business or tourist visit. It is usually granted for a maximum six months. Applicants must demonstrate their trip is for a bona fide purpose, they will stay for a limited time, they can cover expenses, and they have a place outside the U.S. and other binding ties which will ensure their eventual return home.

The key issue with Ukrainians is proof the applicant will return home given the war. However, an applicant can argue the visit is only going to be until things settle back home, and given the husband is in Ukraine fighting, there is every reason for the family to return. Depending on the applicant’s circumstances and the officer reviewing the case, some Ukrainian refugees have succeeded in these applications. Such visitor’s visas can also be extended inside the USA.

Humanitarian Parole

The U.S. immigration program that appears to be taking the lead in dealing with Ukrainian migrants is humanitarian parole. It allows those who are unable to obtain a visitors visa, to apply to enter the U.S. for urgent humanitarian reasons or because of a significant public benefit. Applicants can apply at U.S. consulates overseas, or at U.S. ports of entry. However, it is not that easy to qualify. Success often depends on family ties to U.S. citizens prepared to support the migrants on arrival or other such willing sponsors with financial means.

While the parole program offers a lawful way for some Ukrainians to enter the U.S. for a limited period, it does not involve a progression to permanent residence. Applicants do not get access to public benefits or work permits, although later if they are able to show deserving circumstances, they may be able to get employment authorization inside the U.S. However, those who cannot justify acceptance under the program on arrival may be placed in deportation proceedings, or may simply be detained for weeks on end until their immigration matter is resolved otherwise. For these reasons, humanitarian parole is really a tool of last resort. This may not always be the case for Ukrainian applicants.

The Mexican Gambit

Perceiving a possible opening at the Mexico-U.S. border, in recent weeks thousands of Ukrainians have travelled through Mexico City to Tijuana, since no visa is required for them to enter Mexico. They then try to cross into the U.S. asking for humanitarian parole. Such a journey is expensive, arduous, and can be dangerous. Consider that most of the individuals fleeing are women and children, or are vulnerable due to age or infirmity. Tijuana is not exactly the safest place for such individuals. There are no suitable accommodations for Ukrainian applicants. Without help and safe surroundings, such migrants can be targets for unscrupulous rogues who have been known to prey on the vulnerable exacting bribes or extorting money or sex from them. For these reasons, the Mexican route is not the best. The upcoming lifting of the Title 42 pandemic control bar in early May is likely to significantly reduce chances for Ukrainians when other migrants again flood the Mexican border as well.

A Double Request

There is no reason why an application for a visitor’s visa cannot include a request for humanitarian parole as a complementary or alternative option. Success is not always certain, but it may be worth a try.

Temporary Protected Status (TPS)

For those already in the country, the U.S. has also announced that the Temporary Protected Status program (TPS) will be extended to include Ukrainian applicants. Ukrainians who were in the U.S. on or before March 1st, 2022 will be authorized to stay for 18 months. They will also be eligible for employment authorization, but for no other rights. Regulations to invoke the program have not yet been published. Applicants must wait until then.

There are no other options for Ukrainians.

As for what is open, why should Ukrainians have to run the gauntlet of visitor visa application procedures or humanitarian parole requirements, especially through Mexico, to gain legal status in America? These existing options are time-consuming, arduous and inadequate programs. There is a simpler way.

Failure Of U.S. Isolationist Immigration Policy

What is missing in this context is a mature understanding of what this isolationist immigration policy is doing to America’s leadership in the world. America’s failure to urgently assume part of the burden for this refugee resettlement will seriously strain its relationship with other countries in NATO and erode the cohesion of the alliance.

Consider how the European Union (EU) is dealing with Ukrainians. Even before the war, the European Union allowed Ukrainians visa-free travel within EU member countries. More recently, the EU issued a directive granting Ukrainians the right to work, along with access to public education, housing, and healthcare for one year. Canada has adopted a comparable approach. Why can’t the U.S. do something similar?

Visa-Free Travel With TPS Adjustments

If the EU was able to grant Ukrainians visa-free travel, there is little reason why the United States cannot do the same. The U.S. has an added level of protection in its Electronic System for Travel Authorization (ESTA) program employed to screen air travellers to America for security and health threats. After all, there is little to fear from Ukrainian mothers with children, the aged, and the infirm. Also, few will be able to come without help from American citizens and financial support so there is a natural barrier to massive entries. Following the EU example, the TPS program can be adjusted from time to time to help such Ukrainians stay until matters settle overseas. Most importantly, this approach would urgently help ease what is becoming an impossible burden now being shouldered by Poland and other border states in Europe and thereby strengthen NATO.