A recently uncovered memo from the Biden White House during its final days reveals plans to expand Temporary Protected Status (TPS) to more than 3 million noncitizens. The memo acknowledges that previous court challenges had blocked many of former President Donald Trump's attempts to end TPS protections.

TPS is designed to protect foreign nationals from countries experiencing political unrest or natural disasters. While the Trump administration sought to terminate TPS for groups including Haitians, Nepalese, Salvadorans, and Sudanese, lawsuits from pro-migrant advocates have largely halted these efforts.

The memo, obtained by Senator Eric Schmitt through his role as chairman of the Senate Judiciary Subcommittee on the Constitution, details arguments that TPS expansions could shield vulnerable populations from mass deportations planned by then-President-elect Trump. It also notes that prior litigation successfully stopped TPS terminations due to the administration's failure to provide sufficient factual records, a shortcoming that could be addressed.

Schmitt stated, "Biden tried to turn TPS into a 3.1-million-person deportation shield, protect Tren de Aragua members, and trap President Trump in years of litigation," adding that this move betrayed the "will of the people" who voted out liberal Democrats in the previous election.

The memo includes a chart estimating new TPS eligibility for approximately 1.5 million Guatemalans, 600,000 Ecuadorians, 464,000 Nicaraguans, 455,000 Venezuelans, and smaller groups from Ukraine, Sudan, and Afghanistan, totaling over 3.1 million individuals.

Schmitt also noted that one week after the January 2025 memo—erroneously dated 2024—Biden extended TPS protections to nearly 1 million noncitizens, describing this as "a concrete, mass-migration action."

However, Schmitt remarked, "Luckily, that never happened and we have been deporting Ecuadorians and Guatemalans."

Sources