Just weeks before the anticipated launch of a significant deportation operation by the incoming Trump administration, the Biden administration has extended deportation protections, including work permits, for hundreds of thousands of foreign nationals from several countries under the Temporary Protected Status (TPS) program.
The Department of Homeland Security (DHS) announced the 18-month extension for El Salvador, Venezuela, Sudan, and Ukraine, citing environmental disasters in El Salvador, political and economic turmoil in Venezuela, instability in Sudan, and the ongoing conflict in Ukraine as justifications. This extension applies only to those currently protected, with roughly 600,000 Venezuelans, 232,000 Salvadorans, 103,000 Ukrainians, and 1,900 Sudanese benefiting. Venezuela's protection now extends to October 2026, and El Salvador's to September 2026.
This decision potentially complicates the Trump administration's plans to increase deportations, particularly from Venezuela and El Salvador, given concerns about the Venezuelan gang Tren de Aragua and the Salvadoran origins of MS-13. DHS emphasized that TPS recipients undergo vetting and are ineligible if they have felony convictions or multiple misdemeanors.
The Biden administration faced pressure from Senate Democrats and immigration advocates to extend TPS before Trump's return. In a letter this month, Democrats, led by Sen. Dick Durbin, urged Biden to finalize policies protecting immigrant families. The Biden administration has broadly used TPS, designating or redesignating several countries, including Venezuela, Afghanistan, and Haiti, bringing the total number of designated countries to 17. The first Trump administration sought to reduce the number of TPS-designated countries.
Both President-elect Trump and Vice President-elect JD Vance have expressed intentions to scale back TPS, particularly for Haiti. Republicans in Congress have also taken steps to restrict the program. Sen.-elect Jim Banks introduced a bill last year requiring Congressional approval for 12-month TPS terms and additional steps for extensions.
This move by the Biden administration sets the stage for a potential clash with the incoming Trump administration over immigration policy.
