Biden extends protections for nearly 1 million migrants, just days before Trump’s inauguration

The Biden administration announced on Friday (Jan 10) the extension of Temporary Protected Status (TPS) for nearly one million migrants from Sudan, Ukraine, El Salvador, and Venezuela. This move by President Joe Biden, shortly before leaving office, marks a significant setback for his successor President-elect Donald Trump’s tough immigration plans.

Immigration has been a key election issue for Trump. During his election campaign and since, the president-elect has been known to vilify immigrants, calling them rapists, murderers, etc. and promising to launch a mass deportation. 

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Protection announced by DHS

The Department of Homeland Security (DHS), as per NYPost, has confirmed an 18-month extension for approximately 1,900 Sudanese, 103,700 Ukrainians, 232,000 Salvadorans, and 600,000 Venezuelans, allowing them to legally stay in the United States through 2026. 

This move preserves protections set to expire later this year during Trump’s second term.

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What is TPS?

TPS or Temporary Protected Status, established under a 1990 law signed by President George H.W. Bush, offers work permits and protection from deportation to migrants from nations grappling with armed conflict, political instability, or environmental disasters. The program currently covers migrants from Afghanistan, Cameroon, El Salvador, Ethiopia, Haiti, Honduras, Lebanon, Myanmar, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela and Yemen.

During his first term, Trump scrapped the program, resulting in the removal of roughly 400,000 migrants before legal challenges stalled further actions. On the 2024 campaign trail, Trump vowed to revive these efforts if re-elected. His running mate, Vice President-elect JD Vance, reinforced this stance, stating in October, “We’re going to stop doing mass grants of Temporary Protected Status.”

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A lengthy legal battle is expected if Trump and Vance follow through on their campaign promises. However, legal experts suggest Trump could face significant hurdles in dismantling TPS again. 

“Trump can’t ignore what Congress wrote into law in 1990,” said Steve Yale-Loehr, a professor at Cornell Law School in a conversation with the New York Times. He highlighted that only Congress has the authority to permanently alter or eliminate the program.

Who can avail extended protection?

The DHS said that only migrants already enrolled in TPS and who meet eligibility requirements can reapply. The exact eligibility is different for migrants from different countries. 

Sudanese and Ukrainian migrants must have lived in the US continuously since at least August 16, 2023, to qualify. Meanwhile, Venezuelans who arrived in the US on or before July 31, 2023, are eligible for the protection.

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DHS warned that individuals entering unlawfully will face enforcement actions. “Those who do not enter through a lawful process or pathway will be subject to enforcement consequences,” it said.

Applicants must pass “rigorous national security and public safety vetting” when reapplying. Those with felony convictions or multiple misdemeanours are barred from receiving TPS. 

DHS noted that “If any individual is identified as posing a threat, they may be detained, removed, or referred to other federal agencies for further investigation or prosecution as appropriate”.

Apart from the new protections granted on Friday, 309,000 Haitian migrants were previously given an 18-month TPS extension in August, with protection lasting until February 2026. 

(With inputs from agencies)