Biden grants extensive deportation safeguards prior to Trump assuming office

By Hamed Aleaziz and Miriam Jordan

On Friday, the Biden administration announced significant extensions of deportation protections for hundreds of thousands of individuals from Sudan, Ukraine, El Salvador, and Venezuela, effectively preventing President-elect Donald Trump from rapidly eliminating these benefits when he assumes office.

Referred to as Temporary Protected Status, the extension allows these immigrants to stay in the U.S. with work permits and protection from deportation for an additional 18 months beyond the current protection set to end in the spring. Late last year, Secretary of State Antony Blinken advised extending these protections in a series of communications.

Both Democratic and Republican administrations have historically designated this protection for individuals from countries experiencing turmoil, ensuring they are not sent back to dangerous situations. Biden has broadened eligibility as warfare erupted in Ukraine and instability affected countries like Venezuela and Haiti.

“These designations are anchored in thorough assessments and interagency cooperation to provide necessary protections for those impacted by environmental disasters and instability, while allowing them to make meaningful contributions to our communities,” stated Rep. Adriano Espaillat, D-N.Y., chair of the Congressional Hispanic Caucus.

Trump has pledged to terminate the program for certain nations. Advocates for immigrants have been pushing the Biden administration to extend protections for various nations prior to his inauguration.

During his initial term, Trump ended protections for around 400,000 individuals from El Salvador and other nations, insisting that conditions had improved and the protection was no longer justified. This action faced legal challenges and did not go into effect, but he is anticipated to make another attempt in his second term, part of his promise for mass deportations.

The Congressional Research Service reports that as of 2024, over 1 million migrants from Latin America, the Caribbean, Africa, and the Middle East held Temporary Protected Status.

This decision complicates the legal processes for Trump to rescind protections for nationals from the four countries until at least their expiration in 2026.

“Since President Biden has prolonged protection for citizens of these countries, President Trump will not be able to deport these individuals in the near future,” mentioned Steve Yale-Loehr, an immigration scholar from Cornell Law School.

”Trump cannot disregard what Congress established in law in 1990,” he noted.

Approximately 600,000 Venezuelans under protection will be able to renew their status and remain in the U.S. until October 2026, and about 232,000 from El Salvador will also be eligible for renewal. Over 100,000 Ukrainians will be allowed to stay in the U.S. until October 2026. Around 1,900 individuals from Sudan will have the opportunity to renew their status as well.

This program was enacted into law by President George H.W. Bush to ensure that foreign nationals residing in the U.S. could stay when returning to their home countries was unsafe due to natural disasters, armed conflicts, or other crises.

On the campaign trail, JD Vance, now the vice president-elect, labeled the program illegal while criticizing Haitians in his home state of Ohio who had benefited from it. Haiti has faced political unrest and gang violence, with around 200,000 of its citizens currently protected from removal under Temporary Protected Status until early 2026.

“We’re going to halt mass grants of Temporary Protected Status,” Vance remarked in October.

Critics have contended that these temporary protections are repeatedly extended, functioning as a de facto method for individuals to remain in the country indefinitely, contrary to the program’s intended short-term purpose.

While the program has essentially become a long-term solution for many immigrants, it also underscores the dire situations in various regions globally and Congress’s failure to modernize U.S. immigration laws in light of current global migration patterns.

Nationals from several countries, including El Salvador, Honduras, and Nicaragua, have been eligible for protection for over twenty years, whereas others like Ethiopia, Lebanon, and Syria were added more recently.

If the status were to be eliminated, hundreds of thousands of immigrants would instantly become undocumented residents of the U.S., unless they left immediately. Many of these individuals have U.S.-born children, businesses, and jobs in industries heavily reliant on immigrant labor such as construction, hospitality, and healthcare.

In cities like Denver, the temporary status has permitted thousands of Venezuelans, who arrived within the last two years from the southern border via buses arranged by Texas Governor Greg Abbott, a Republican, to legally work and integrate into the economy.

Denver Mayor Mike Johnston expressed his support for the Biden administration’s decision to extend the designation.

“In Denver, individuals with Temporary Protected Status are crucial to maintaining essential jobs, contributing to our economy, and becoming valued members of our communities,” he stated.

Gonzalo Roa, 43, a Venezuelan beneficiary in Columbus, Ohio, expressed his concerns about the program’s future.

“It’s wonderful news that it’s being renewed,” declared Roa, who is employed at a car dealership and co-owns a small restaurant with his wife.

Without the protection, Roa mentioned that he would lose his dealership job, and his two children, born in Venezuela, would not qualify for college scholarships and other benefits requiring legal status.

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