US lawmakers weigh fallback plan for over 100,000 Ukrainians facing TPS deadline - Politico

US lawmakers weigh fallback plan for over 100,000 Ukrainians facing TPS deadline - Politico

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More than 100,000 Ukrainians living in the United States face uncertainty as their Temporary Protected Status (TPS) is set to expire on October 19. The administration of U.S. President Donald Trump must decide whether to extend or terminate the protection, while some lawmakers are urging the White House to consider a third option: taking no action, Politico reported.

The proposal could leave Ukrainians in legal limbo while potentially preventing their immediate deportation. Under the scenario discussed by lawmakers, failing to make a decision could trigger an automatic six-month extension of the protection. However, uncertainty would remain over whether beneficiaries could continue to work and study legally.

The issue has prompted discussions among lawmakers from both parties. Many hope Trump will extend the protection, while others see inaction as a fallback option that could help the administration avoid a politically damaging decision ahead of November's midterm elections.

The U.S. Department of Homeland Security has not publicly clarified its plans. The official U.S. Citizenship and Immigration Services (USCIS) guidance states that Ukraine's TPS designation and related benefits are scheduled to terminate on October 19, 2026.

A possible extension without a formal decision

The proposed approach would leave Ukrainian TPS holders in a temporary, uncertain status, potentially allowing them to remain in the United States for at least another six months without facing immediate deportation.

The administration followed a similar course when protections for Salvadoran TPS holders reached their deadline in September. The resulting uncertainty raised questions about whether beneficiaries could continue working and studying legally, although it temporarily kept them from facing immediate removal under the program's termination process.

One congressional aide familiar with bipartisan discussions said the political consequences of deporting Ukrainians were a major consideration.

“The significant political backlash that would come from the administration trying to deport Ukrainians is a major factor here,” the aide told Politico.

The source acknowledged that leaving Ukrainians in prolonged uncertainty, as happened with Salvadoran beneficiaries, would be an unsatisfactory outcome. Nevertheless, the source said the administration might choose that route.

Two other people familiar with the discussions also described inaction as a potentially preferable alternative to formally terminating the protection.

Pressure from immigration hardliners

Some hardline lawmakers have called on the administration to end temporary protection programs altogether. They argue that TPS, which is periodically extended, can become a long-term immigration arrangement and give foreign nationals access to jobs that should go to Americans.

Republican Senator Jim Banks argued in August that the TPS system puts “America last.”

Other Republicans and many Democrats support continuing the protection for Ukrainians.

Democratic Senator Jeanne Shaheen said she was urging the administration to extend the program but acknowledged that, given its current policies, it was difficult to imagine that happening.

The decision also carries political risks for the White House. Allowing the protection to expire formally could provoke criticism over deporting Ukrainians to a country still at war with Russia. Conversely, leaving the issue unresolved could anger immigration hardliners within Trump's political coalition.

What the administration says

USCIS spokesperson Zac Kahler declined to discuss the specific decision on Ukraine's TPS designation. He said the agency was actively reviewing discretionary applications for re-parole, including applications from Ukrainians, on a case-by-case basis, as permitted by law.

TPS and humanitarian parole are separate immigration mechanisms, and decisions concerning one do not automatically determine eligibility under the other.

Trump considered ending a separate program for Ukrainian refugees in 2025 but backed away after bipartisan opposition. His administration subsequently stopped accepting new applications for the program that allowed U.S. sponsors to support Ukrainians seeking to enter the country.

A bipartisan group of senators has also urged the administration to maintain protections for Ukrainians, arguing that they contribute to important sectors of the U.S. economy, including transportation, health care and construction. A separate bipartisan bill would extend TPS for Ukrainians through 2029.

Ukraine's place in US policy

The debate comes amid strained relations between Washington and Kyiv. Some people familiar with the discussions told Politico that the administration's broader approach to the war in Ukraine could influence its decision on immigration protections.

One source said there was currently little incentive within the administration to take a step that would be viewed as positive toward Ukraine, adding that decisions affecting Ukrainians were being considered in the context of wider bilateral relations.

At the same time, even some immigration hardliners have warned that ending protection for Ukrainians could generate a backlash beyond the administration's usual critics.

Mark Krikorian, head of the Center for Immigration Studies, which advocates stricter immigration policies, questioned whether the administration could allow the situation to deteriorate without consequences.

“I’m not sure they’ll get away with it. People will talk about it, and you can expect them to pay close attention to announcements from Ukraine,” he said.

For more than 100,000 Ukrainians in the United States, the October 19 deadline remains a critical turning point. Until the administration announces a decision, their future under the TPS program remains uncertain.

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