In a last-minute maneuver that some might call a farewell gift to his progressive base, President Biden extended deportation protections for nearly 900,000 individuals from countries like Venezuela and Ukraine. Framing it as a humanitarian gesture, Biden’s decision shields these immigrants from deportation for the first 18 months of President-elect Donald Trump’s administration. The Temporary Protected Status (TPS) extensions also allow recipients to work legally in the U.S. until their protections expire—essentially putting a federal stamp of approval on a policy that critics argue prioritizes foreign nationals over the rule of law.
Most of those benefiting from Biden’s extension had already been under TPS for years, making this move feel less about necessity and more about throwing up roadblocks for the incoming administration. The TPS program, originally designed for short-term relief during crises like armed conflicts or natural disasters, has morphed into a near-permanent stay for many. For instance, about 200,000 Salvadorans have enjoyed continuous protection under TPS since 2001, a “temporary” status that seems to defy the dictionary definition of the word.
The biggest winner in this extension? Roughly 600,000 Venezuelans, who fled their country’s collapsing economy and authoritarian regime. While no one disputes the hardships in Venezuela, critics of Biden’s decision point out that TPS has become a tool for sidestepping immigration law rather than addressing short-term emergencies. Trump, who has consistently criticized TPS as a backdoor amnesty program, has already signaled his intention to scale it back once he takes office. Courts thwarted his efforts to end TPS during his first term, but with these new expiration dates, Trump will have a clean slate to reevaluate the program.
This move underscores the stark contrast between Biden’s open-arms approach to immigration and Trump’s tough-on-borders stance. Biden’s advisers were reportedly divided over the decision. Some worried that shielding so many immigrants from deportation directly contradicted the will of voters, who handed Trump a decisive electoral victory. Others argued that people from countries like Ukraine and Venezuela face legitimate dangers if returned home. Of course, that raises the question: when does “temporary” protection end, and at what cost to U.S. sovereignty?
For Trump, Biden’s last-ditch attempt to entrench liberal immigration policies is likely to be little more than a speed bump. Once inaugurated, Trump will be on solid legal ground to end these protections after their 18-month terms expire. For now, Biden’s extension serves as a parting shot in a years-long battle over immigration policy—a battle that, come January 20th, will be fought on Trump’s terms. And if there’s one thing the incoming president has proven, it’s that he doesn’t shy away from a fight.
