Deadline approaches in US to extend status for Ukrainian refugees: three scenarios discussed

The administration of US President Donald Trump has until October 19 to decide on the further course of Temporary Protected Status (TPS) for more than 100 thousand Ukrainians residing in the country. American lawmakers fear that the White House may terminate the program, so they are considering an alternative option that would allow Ukrainians to remain in the US for another six months.

This is reported by Politico with reference to American lawmakers and interlocutors familiar with the relevant discussions.

Currently, approximately 101 thousand Ukrainians hold Temporary Protected Status. It allows people who meet the program's conditions to legally stay in the United States and obtain work authorization. The current protection period ends on October 19, 2026.

According to the publication, Congress is discussing three possible scenarios:

• Full extension of TPS. The administration decides to maintain the program, providing Ukrainians with defined rules for further stay and employment.
• Automatic extension for six months. The White House does not make a formal decision to terminate the protection. According to the mechanism described by Politico, this would allow TPS to be preserved for another six months, but could create uncertainty with documents and work permits.
• Termination of the program. Ukrainians who have no other legal grounds to stay in the US would risk losing protection from deportation.

It is the second option that some American lawmakers view as a compromise between extending the program and terminating it. The Trump administration previously applied this approach to citizens of El Salvador.

In that case, people retained the ability to remain in the US, but questions arose regarding the validity of work and study permits. Politico's interlocutors believe that the White House may choose a similar mechanism for Ukrainians to avoid political conflict over the possible return of refugees to a country at war.

At the same time, an official decision on the future of TPS for Ukrainians has not yet been announced. The US Department of Homeland Security did not provide the publication with a direct answer about the further course of the program.

The US Citizenship and Immigration Services (USCIS) in a notice dated September 3 confirmed that the current TPS period for Ukraine ends on October 19. The agency also clarified the procedure for extending certain employment authorizations until that date.

In particular, Ukrainians who meet the established conditions can receive special USCIS notices about the extension of EAD documents. However, these notices currently confirm the right to work only until October 19. The further procedure will depend on the decision of the US authorities.

Meanwhile, representatives of both parties in Congress are calling on the administration to extend protection for Ukrainians. In September, a group of 31 senators appealed to Secretary of Homeland Security Markwayne Mullin and Secretary of State Marco Rubio requesting an 18-month extension of TPS.

Lawmakers emphasized that Ukrainians work in transportation, healthcare, and construction. According to their estimates, TPS holders from Ukraine annually provide about $2.6 billion in economic contribution to the American economy and pay approximately $716 million in taxes.

In the senators' opinion, terminating the program could cause labor shortages in these sectors and additional costs for American consumers.

In parallel, a legislative initiative is being advanced in Congress to extend protection for Ukrainians until 2029. However, the relevant proposals have not yet become law.

According to Politico, even among Republicans there is no unified position. Some supporters of strict immigration policy insist on ending temporary programs, while other Republicans, along with Democrats, advocate for preserving protection for Ukrainians due to the war.

Thus, until October 19, not only the legality of further stay of Ukrainians in the US remains open, but also the possibility of continuing to work without hindrance. At the same time, TPS is a separate immigration mechanism and is not identical to the Uniting for Ukraine (U4U) humanitarian program.

Based on materials from: Politico, USCIS, office of Senator Tammy Duckworth