In a move that could only be described as a farewell love letter to his progressive supporters, President Biden extended deportation protections for nearly 900,000 individuals hailing from countries like Venezuela and Ukraine. The decision, which Biden painted as a humanitarian act, shields these individuals from deportation for the first 18 months of President-elect Donald Trump’s administration. Along with the reprieve comes the perk of legal work authorization, effectively allowing Biden to leave his successor with a policy critics claim prioritizes foreign nationals over the integrity of immigration law.
The individuals covered by this extension weren’t exactly new to the program. Many had already been enjoying Temporary Protected Status (TPS) for years, transforming what was meant to be a short-term solution into something suspiciously permanent. Take, for example, the 200,000 Salvadorans who have been under TPS since 2001. At this point, calling it “temporary” feels more like a punchline than an accurate description. Biden’s decision feels less like addressing an urgent need and more like throwing a political wrench into the gears of the incoming administration.
Among the biggest beneficiaries of this extension are the 600,000 Venezuelans who fled their country’s downward spiral into economic ruin and authoritarian rule. While no one denies the hardships many face back home, critics argue that TPS has morphed into a loophole to avoid addressing broader immigration issues. Trump, a long-time critic of TPS, has labeled it as backdoor amnesty and has vowed to pare it back once in office. Although courts blocked his earlier attempts to end TPS protections, this fresh round of expiration dates gives him the opportunity to start with a clean slate and reconsider the program’s long-term viability.
The extension highlights the glaring divide between Biden’s soft-touch immigration policies and Trump’s staunchly pro-border enforcement stance. Reports suggest Biden’s advisers were conflicted about the move. Some feared that granting such sweeping protections would fly in the face of voters’ preferences, evidenced by Trump’s decisive victory. Others insisted the dangers faced by individuals returning to places like Venezuela and Ukraine justified the extensions. However, this raises the obvious question: when does “temporary” actually mean temporary? And how does this indefinite arrangement impact U.S. sovereignty?
For Trump, this parting gift from Biden is likely to be more nuisance than obstacle. With a fresh term and strong legal footing, he’s poised to dismantle the TPS extensions as soon as they come up for renewal. Biden’s gesture may win him applause from the left, but come January 20th, Trump will be in the driver’s seat. And if there’s one thing the president-elect has demonstrated time and again, it’s that he relishes a battle—especially when it comes to reclaiming control over immigration policy.