February 28, 2022
President Joseph R. Biden, Jr.
The White House
1600 Pennsylvania Ave., NW
Washington, DC 20500
Dear President Biden:
In light of Russia’s military invasion of Ukraine, we respectfully request that yourAdministration promptly take all necessary steps to ensure that Ukrainian nationals present in theUnited States are not forced to return to Ukraine, including the designation of Ukraine for
Temporary Protected Status (TPS).
As you know, TPS can be granted to nationals of another country who are currently residing inthe United States if returning to their country would pose a serious threat to their personal safety
because of ongoing armed conflict, the temporary effects of an environmental disaster, or otherextraordinary and temporary conditions. TPS allows eligible nationals of designated countries toremain in the United States legally until the expiration of the TPS designation.
Ukraine clearly meets the standard for TPS as it is obviously too dangerous for Ukrainian
nationals to return to Ukraine due to the ongoing armed conflict. On February 24, Ukraine
declared a state of emergency and closed its airspace to commercial flights after Russia launcheda series of military strikes against major Ukrainian cities with forces attacking by land, sea, andair. Russian forces have employed hundreds of missiles against military and civilian targets
across Ukraine in clear violation of international law, and troops continue to push to overtake
major cities, including Kyiv. Ukrainian officials reported that at least 353 civilians have been
killed since the Russian invasion began, and a senior U.S. defense official has warned thatRussia plans to decapitate the Ukrainian government. As you mentioned on February 23,“President Putin has chosen a premeditated war that will bring a catastrophic loss of life andhuman suffering.”
Given the dire situation in Ukraine, the United States has closed its embassy in Kyiv and allembassy personnel and their family members have left Ukraine in recent weeks. The mostrecent State Department travel advisory warns against travel to Ukraine due to armed conflict.
The United Nations (UN) High Commissioner for Refugees noted that the UN is “gravely
concerned about the fast-deteriorating situation and ongoing military action in Ukraine” andhighlighted that people are fleeing their homes to seek safety.
It is important to note that designating Ukraine for TPS will not endanger our security. Anoncitizen is ineligible for TPS if the individual has a criminal background or poses a threat tonational security. The decision to deny, withdraw, or terminate TPS is in the sole discretion ofthe U.S. government. TPS does not make a beneficiary eligible for lawful permanent residentstatus or U.S. citizenship. When the TPS designation of a country is terminated, beneficiaries
revert to the same immigration status they maintained before the designation.
Only a limited number of individuals who are present in the United States will be eligible for
TPS, including students, business travelers, and tourists – none of whom can currently returnsafely to Ukraine. According to the Department of State, 29,510 nonimmigrant visas wereissued to Ukrainian nationals in Fiscal Year 2020, the most recent year for which data isavailable. Granting TPS to the limited population of Ukrainians who are currently in the U.S. ona temporary basis will create a minimal disruption for our country, but forcing these individuals
to return to a war zone would be unacceptable.
Forcing Ukrainian nationals to return to Ukraine in the midst of a war would be inconsistent with
America’s values and our national security interests. As a nation, we must do our part to protect
the safety of Ukrainians in the United States by designating Ukraine for TPS.
Thank you for your consideration. We look forward to your prompt reply.
Sincerely,_____________________RICHARD J. DURBIN
United States Senator____________________ROB PORTMAN
United States Senator_____________________ROBERT MENENDEZ
United States Senator____________________KEVIN CRAMER
United States Senator/s/
PATRICK LEAHY
United States Senator_____________________PATTY MURRAY
United States Senator_____________________RON WYDEN
United States Senator/s/
JACK REED
United States Senator

/s/THOMAS R. CARPER
United States Senator_____________________BENJAMIN L. CARDIN
United States Senator_____________________BERNARD SANDERS
United States Senator_____________________SHERROD BROWN
United States Senator_____________________AMY KLOBUCHAR
United States Senator_____________________SHELDON WHITEHOUSE
United States Senator____________________JEANNE SHAHEEN
United States Senator____________________MARK R. WARNER
United States Senator____________________MICHAEL F. BENNET
United States Senator/s/_____________________KIRSTEN GILLIBRAND
United States Senator_____________________CHRISTOPHER A. COONS
United States Senator_____________________RICHARD BLUMENTHAL
United States Senator_____________________TAMMY BALDWIN
United States Senator____________________CHRISTOPHER S. MURPHY
United States Senator/s/
MAZIE K. HIRONO
United States Senator_____________________ANGUS S. KING, JR.
United States Senator____________________TIM KAINE
United States Senator_____________________ELIZABETH WARREN
United States Senator_____________________EDWARD J. MARKEY
United States Senator_____________________CORY A. BOOKER
United States Senator_____________________GARY C. PETERS
United States Senator____________________CHRIS VAN HOLLEN
United States Senator/s/
TAMMY DUCKWORTH
United States Senator_____________________MARGARET WOOD HASSAN
United States Senator_____________________CATHERINE CORTEZ MASTO
United States Senator____________________TINA SMITH
United States Senator/s/
KYRSTEN SINEMA
United States Senator_____________________
JACKY ROSEN
United States Senator_____________________MARK KELLY
United States Senator_____________________
JOHN HICKENLOOPER
United States Senator_____________________ALEX PADILLA
United States Senator/s/
RAPHAEL WARNOCK
United States Senator_____________________DEBBIE STABENOW
United States Senator_____________________MARTIN HEINRICH
United States Senator

cc:

Secretary of the Department of Homeland Security Alejandro Mayorkas
Secretary of State Antony J. Blinken