As the occupation state of Israel’s genocide on Palestinians continues, killing more than 23,000 people and wounding at least 59,410 in Gaza since Oct. 7, options for Palestinian refugees are limited. In response, immigration lawyers and advocates are calling for a Temporary Protected Status (TPS) designation for Palestinians already living in the U.S. and an immigration plan similar to the “Uniting for Ukraine” program, which provides a pathway for Ukrainian citizens and their immediate family members who are living outside the U.S. to come into the country and stay temporarily in a two-year period of parole.

In November, dozens of U.S. senators and representatives signed onto a letter to President Joe Biden calling on his administration to designate the Palestinian territories of Gaza and the West Bank for TPS and/or authorize Deferred Enforced Departure (DED) for Palestinians living and working in the U.S. TPS and DED offer temporary protections to eligible foreign nationals already in the country who are unable to return safely to their home country due to extraordinary circumstances such as war, civil unrest, or natural disaster. Biden has not publicly stated whether he would support either.

Joseph Milburn, a staff attorney at the Council on American-Islamic Relations (CAIR), Chicago, says very little has been done to protect Palestinians despite an effort to grant Palestinians TPS. Meanwhile, Republican lawmakers, including former President Donald Trump, have supported a travel ban on Gaza.

“Unfortunately, right now there hasn’t been any program in place to get Gazan refugees to America,” Milburn said. “Something to keep in mind too, is that out of the more than 60,000 refugees that have been resettled in the U.S. within 2023, only 56 Palestinians were admitted. And within the last 10 years, less than 600 have been admitted as refugees.”

The USCIS website has issued a notice to the public, stating that “the United States offers immigration and related services that may help people affected by emergencies and unforeseen circumstances, including the Israel-Hamas conflict.” The website also lists guidance on expedited processing, fee waivers, and immigration paths. But advocates say TPS would ensure the safety of refugees already here who fear for their lives in returning to the besieged region.

Milburn says a general public bias toward Israel is what is likely keeping TPS designation from passing. 

“Unfortunately, many Americans and politicians are taking the position that Palestinians are inherently violent, inherently a threat to national security,” Milburn said. “Which are the same arguments that were used to justify the travel ban under Donald Trump.”

Waleed Naser, an immigration attorney who has been advocating for TPS and DED designation for the Palestinian territories, says that because of the limbo state that Palestine is in—where it isn’t officially a nation—there are difficult legal considerations for being able to designate tps. 

“As immigration lawyers, we’re limited on what we can do,” Naser said. “There’s no judiciary, and there’s no kind of clean path or communication.”

Naser said he has noticed that the State Department is moving cases more quickly and that he believes they are sympathetic to the situation, but there is no official guidance or policy yet.

“We had some family come into the U.S. on Oct. 5 from the West Bank, and they continually have to keep extending their trips,” Naser said. “I have some folks in the West Bank that are trying to get out. I have a bunch of Palestinian asylum-seekers in the U.S. who have applied for asylum already—they have work permits—who would benefit from TPS.”

Naser added that lawyers have formed a coalition to file humanitarian parole applications pro bono. But, he says that’s “just the Band-Aid.”

“Filing bottomless humanitarian parole applications is a real Band-Aid. It’s not really intended for that kind of mass filing, and everyone’s in the same situation,” Naser said. “They really need a Uniting for Ukraine type of program.”