The Biden administration announced an 18-month extension of Temporary Protected Status (TPS) on Friday, allowing nearly 1 million migrants from Sudan, Ukraine, El Salvador, and Venezuela to remain in the United States. This decision, which extends protections into 2026, marks a stark contrast to the hardline immigration stance of President-elect Donald Trump, who has pledged to end such programs.
Expansion of Temporary Protected Status
The Department of Homeland Security (DHS) granted the extension to approximately 1,900 Sudanese, 103,700 Ukrainians, 232,000 Salvadorans, and 600,000 Venezuelans. TPS, established in 1990 under President George H.W. Bush, allows migrants from countries experiencing armed conflict, political instability, or other crises to live and work legally in the US.
This decision builds on protections initially set to expire later this year. Migrants must meet specific criteria to reapply, including continuous residence in the US by designated dates. For example, Venezuelans arriving after July 31, 2023, are ineligible for TPS. The DHS emphasized that those who do not enter the US lawfully will face enforcement actions.
DHS Secretary Alejandro Mayorkas highlighted the humanitarian basis of the program. “These designations are rooted in careful review and collaboration to protect those affected by disasters and instability while enabling them to contribute meaningfully to our communities,” Mayorkas said.
Political and Legal Implications
The Biden administration’s move counters Trump’s previous efforts to dismantle TPS during his first term, which resulted in the expulsion of around 400,000 migrants. Trump, along with Vice President-elect JD Vance, has vowed to terminate mass TPS grants if re-elected. “We’re going to stop doing mass grants of Temporary Protected Status,” Vance declared in October.
Legal experts argue that reversing TPS will face significant legal hurdles. “Trump can’t ignore what Congress wrote into law in 1990,” said Steve Yale-Loehr, a professor at Cornell Law School, suggesting that only Congress can permanently alter or abolish the program.
DHS noted that TPS applicants undergo rigorous national security and public safety vetting. Individuals convicted of a felony or two misdemeanors are barred from the program.
Addressing Security Concerns
The expansion of TPS also raises concerns about the potential movement of criminal elements, such as the Venezuelan prison gang Tren de Aragua. This gang has reportedly spread across more than a dozen US states, including California, Texas, Florida, and New York, according to DHS memos. Applicants identified as threats may face detention, removal, or further investigation by federal agencies.
A Broader Context
In addition to Sudan, Ukraine, El Salvador, and Venezuela, TPS currently protects migrants from countries including Afghanistan, Haiti, Honduras, Ethiopia, and Syria. Last August, the DHS renewed TPS for 309,000 Haitian migrants, extending their protection until February 2026.
The Biden administration’s approach reflects its emphasis on humanitarian protections while balancing national security concerns. However, the decision is likely to ignite political and legal battles as the next administration signals a significantly different approach to immigration policy.