The Trump administration is preparing to deport Ukrainians despite the country being at war.

The Trump administration is preparing to deport some Ukrainians with final removal orders to the war-torn country, writes Washington Post.

The Justice Department announced on November 12 that the government plans to deport 41-year-old Roman Surovtsev to Ukraine as early as November 17. His lawyers stated that it appears Immigration and Customs Enforcement (ICE) is planning to remove a "significant number" of Ukrainian citizens. Other detainees are being told they will be transported "on military flights to Ukraine or Poland on Monday."

Olha Stefanishyna, Ukraine's Ambassador to the United States, reported that the embassy is aware of "approximately 80 Ukrainian citizens" who have final removal orders "for violating U.S. laws." She added that U.S. authorities are working on deportation logistics "given the lack of direct international air travel to Ukraine."

"It should be noted that deportation is a widely used legal mechanism provided for in the immigration laws of most countries around the world," Stefanishyna noted. "It is a standard procedure applied to all foreigners and stateless persons who violate the conditions of their stay in the United States, regardless of their nationality."

Previously, Ukraine has not always fully cooperated with the US on the return of immigrants like Surovtsev, who was born in the Soviet Union and whose citizenship status remained unclear for decades. But that could change as Ukraine attempts to repel Russian attacks, mobilize its troops, and maintain Washington's support.

"The US can deport as many people as it wants," explained one of Ukrainian President Volodymyr Zelenskyy's advisers, requesting anonymity. "We'll put them to good use."

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Surovtsev's lawyers, Eric Lee and Chris Godshall-Bennett, fear that Ukrainians and other former Soviet citizens risk being deported without the opportunity to challenge the deportation.

"In at least some cases, prisoners are not given the right to demonstrate fear of expulsion before deportation. This is illegal," they stated. "Ukraine is a war zone, and martial law is in effect. It's likely that all deportees will be forcibly mobilized and sent to the front, where the risk of death is high."

According to a Department of Homeland Security spokesperson, "for operational security reasons, ICE is not confirming future removal operations," but noted that Surovtsev's "due process rights were fully respected," and "every detainee receives due process and their applications are reviewed."

The Washington Post spoke with the families of two prisoners who were told they could be sent to Ukraine as early as Monday, November 17.

Andrei Bernik said that ICE officers recently informed him that he would be flown to Poland on a charter flight and then handed over to Ukrainian authorities for transportation to Ukraine. Bernik came to the United States in 1990 at the age of 13 as a Jewish refugee from the Soviet Union. He once had a green card and tried to obtain a Ukrainian passport, but was never successful.

Bernick was convicted of second-degree murder more than ten years ago. According to California Governor Gavin Newsom's office, Bernick shot his business partner but accidentally hit a relative who was in the line of fire. Newsom reduced his sentence in 2022, allowing the Ukrainian to apply for parole earlier. The governor noted that although Bernick committed a serious crime, he "demonstrated a commitment to self-improvement and rehabilitation."

“I deserve to be deported, but not to where there is a war going on now,” Bernick concluded.

The number of Ukrainians deported back to their homeland dwindled as bombs reduced cities to rubble and more than 5 million people fled the country. If 80 people are expelled, it would be the largest number of Ukrainians deported in recent years (according to ICE data, 53 Ukrainians were expelled from the US in fiscal year 2024).

International treaties prohibit sending people to countries where they risk persecution or torture. Even dangerous criminals must be protected from torture. But human rights advocates argue that the Trump administration is stretching the boundaries of these principles by attempting to deport people with criminal records to countries like South Sudan, which is engulfed in civil war. Now, deportations to Ukraine are also being considered.

Surovtsev, born in the Soviet city of Zhdanov (now Mariupol) before Ukraine's independence in 1991, came to the United States with his family at the age of four, settled in California, and became a permanent resident. As a child, he helped his mother clean houses and offices. His lawyers argued in court that he began stealing toys to hide his poverty from other children.

At 18, he committed a burglary, and at 19, he and his friends carried out an armed motorcycle theft. Roman served over 11 years in a California prison.

An immigration judge ordered his deportation in 2014. At the time, Ukrainian authorities claimed they could not confirm Surovtsev's citizenship. Russia also refused to accept him. ICE was forced to release Surovtsev to the United States because the Supreme Court ruled in 2001 that prisoners cannot be held indefinitely.

Over the next decade, Surovtsev became a Christian, married an American citizen, and had children, now ages 5 and 3. He opened a painting company in the Dallas area.

In August, ICE officers arrested Surovtsev again as part of Trump's campaign to mass deport illegal immigrants, including those who had been previously released.

In August of that year, Surovtsev filed a federal lawsuit in Texas seeking his release from custody, as deportation to Ukraine was virtually impossible. He simultaneously secured a Californian prosecutor's vacancy for a car theft conviction, claiming he had pleaded guilty without realizing it would lead to deportation. The U.S. Supreme Court had previously ruled such plea bargains unconstitutional. On this basis, Surovtsev asked the immigration court to reopen his case.

On October 31, Texas federal Judge James Hendricks, a Trump appointee, denied the petition for release, stating that the deportation order remains in full force and that Surovtsev could be expelled to Russia or any third country if Ukraine refuses to accept it. The judge emphasized that under the current administration, the practice of sending deportees to alternative countries has become much more common.

Hendrix noted that Ukraine now maintains much closer cooperation with the United States. The American side has invested tens of billions of dollars in the country, committed to its post-war reconstruction, and concluded agreements on access to some of Ukraine's mineral resources.

Previously, another federal judge from Texas, Ada Brown (also appointed by Trump), stayed Surovtsev's deportation until January 13, but on Thursday, November 13, she lifted that stay.

The lawyers insisted that their client should be given a new interview with an asylum officer to determine whether he has a well-founded fear of returning to Ukraine.

Circumstances have changed radically over the past ten years.

Surovtsev was born in the Soviet city of Zhdanov (now Mariupol). In early 2022, Russian troops almost completely destroyed the city and subsequently occupied it. Thousands of residents were killed, and those who were unable to leave found themselves under Russian control. It is impossible to reach Mariupol from Ukrainian-controlled territory.

That morning, at 5:30 a.m., ICE officers woke Surovtsev at the Prairieland Detention Center in Alvarado, Texas, and told him to pack his things. He again expressed fear of being returned to Ukraine or a third country, but was denied a "reasonable fear interview," according to court documents. He was placed on a bus, but about an hour and a half later, he was returned to the center.

"He repeatedly told ICE officers that he feared returning to Ukraine, a country at war and subject to foreign invasion," the lawyers wrote in the motion. "Not only does Surovtsev risk death at the hands of Russian troops, but as a Russian speaker with little or no knowledge of Ukrainian, he could face persecution from Ukrainian authorities."

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In Ukraine, men aged 18–60 are required to register for military service. Travel abroad for men over 22 is permitted only in exceptional cases. Fathers of three or more children, caregivers of disabled individuals, and those deemed unfit for health reasons are exempt from conscription. The actual conscription period begins at age 25. Universities and companies critical to the economy or defense industry may grant deferments to certain students and employees of critical enterprises. Ukrainian is the official language of Ukraine. English is becoming increasingly popular, and as of 2024, its status as the official language of international communication has been enshrined by law.

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