Abstract
This Article examines the history and political context of temporary protection in the United States and the European Union, compares and contrasts key components of the different legislative frameworks, and assesses the effectiveness of the temporary protection programs. These programs typically provide an avenue of humanitarian relief to noncitizens by authorizing lawful residence for a time-limited period. When the Russian military invasion of Ukraine in 2022 forced a large portion of the population to flee in search of safety, countries neighboring Ukraine welcomed millions displaced by the attacks, as did countries around the globe. For the first time, the European Union activated the temporary protection legislation adopted in 2001. Across the Atlantic, the United States also activated temporary protection. No stranger to extending time-limited relief to individuals from homelands in crisis, the United States has authorized temporary protected status (TPS) thirty-four times since 1990.
The simultaneous activation of temporary protection in response to the war in Ukraine provides a case study of disparate conceptions of temporary protection. This analysis reveals that the same words – temporary protection – mask profound legal differences. Temporary protected status (TPS) in the United States is available only to individuals already present within U.S. territory. In contrast, temporary protection operates as an admissions mechanism in the European Union, affording millions of displaced people access to lawful residence.
The massive displacement from Ukraine has revealed the inadequacy of TPS in the United States. This has led the Biden administration to launch Uniting for Ukraine, a new humanitarian parole program that allows displaced Ukrainians to enter the United States for two years if they have a private U.S. sponsor. The initial response to this program has been positive, with more than 200,000 Americans volunteering to serve as sponsors. The time is ripe for policymakers, congressional aides, and advocates to create legislation to normalize admissions to the United States in the face of humanitarian crises.
Repository Citation
Maryellen Fullerton,
Temporary Protection in the United States and the European Union: Same Words, Vastly Different Meanings,
9
U. Pa. J. L. & Pub. Affairs
(2024).
Available at:
https://scholarship.law.upenn.edu/jlpa/vol9/iss1/2