A recently revealed memo from the Biden White House outlined plans to expand Temporary Protected Status (TPS) to more than 3 million noncitizens, a move that would have shielded them from potential mass deportations under a future Trump administration. The memo, acquired by Sen. Eric Schmitt, R-Mo., detailed proposals considered in the final days of the Biden administration.
TPS is designated for foreign nationals experiencing crises such as natural disasters or political unrest. While the Trump administration had sought to terminate TPS for several nationalities, including Haitians and Syrians, legal challenges frequently stalled these efforts.
The newly surfaced memo indicated that the Biden administration had explored ways to grant TPS to a significant number of individuals, acknowledging that prior court battles had blocked Trump's attempts to end the protections. "Stakeholders argue that granting TPS will potentially protect many vulnerable people from President-elect Trump's planned mass deportations... They argue that these protections are likely to hold in court, and they are prepared to litigate efforts to terminate or slow down the implementation of TPS for specified nations by the Trump Administration," the document stated.
According to the memo, advocates argued that the Trump administration's past failures to build a sufficient factual record had contributed to the success of lawsuits against TPS terminations. The Biden administration had reportedly been advised by senior advisors to create new TPS designations for approximately 2.1 million individuals, despite acknowledging that processing TPS applications typically takes six months. Schmitt noted that one week after the memo's transmission, Biden extended TPS protections for nearly 1 million noncitizens.
The memo referenced previous TPS designations and extensions made by the Biden administration for various nationalities, including Afghans, Cameroonians, Ethiopians, Burmese, Lebanese, Ukrainians, and Venezuelans, alongside repeated extensions for Haitians. It also noted the Trump administration's unsuccessful attempts to terminate TPS for Sudan, Nicaragua, Haiti, El Salvador, Nepal, and Honduras, which were blocked by preliminary injunctions. The Biden administration had taken actions to resolve this litigation by either redesignating Haiti or rescinding termination orders.
Schmitt asserted that the Biden administration's actions, as detailed in the memo, sought to create a "deportation shield" for millions and potentially trap a future Trump administration in protracted legal battles. The memo itself projected potential new TPS eligibility for an estimated 1.5 million Guatemalans, 600,000 Ecuadorians, 455,000 Venezuelans, and smaller groups from Ukraine, Sudan, and Afghanistan, totaling over 3.1 million people. Some stakeholders were also reportedly requesting TPS designations for new countries, specifically Ecuador and Guatemala.
Although the proposals outlined in the memo were not fully implemented, the document offers insight into immigration strategies considered by Biden's advisors as Trump prepared for a return to office with a platform emphasizing mass deportations.