With the designation of temporary protected status, or TPS, to Ukrainians by the Biden administration, familiar debates about the ethical responsibilities of the U.S. in the face of war resurfaced. On one side, activists and a bipartisan coalition argued that it would be morally untenable to send innocent people back to a war-riven country. On the other side, conservatives warned that this designation would open the way to potentially endless renewals, allowing Ukrainians to stay in the country for an unlimited amount of time.
But both sides miss the bigger question of whether TPS is an adequate legal mechanism of protection in the first place. And they miss the fact that the U.S. government designed TPS to selectively limit its responsibility toward unprotected populations.
TPS was created as part of the Immigration Act of 1990 to offer protection to individuals from countries facing war, environmental disasters, epidemics and other temporary disruptions. The program provides individuals who are already physically present in U.S. territory by the time of designation window a stay of deportation and the right to work for a period of six to 18 months, subject to renewal.
