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The Biden administration announced Friday that nearly 1 million migrants from Sudan, Ukraine, El Salvador, and Venezuela will be able to stay in the United States for the next 18 months. The decision extends Temporary Protected Status (TPS), impacting around 1,900 Sudanese, 103,700 Ukrainians, 232,000 Salvadorans, and 600,000 Venezuelans, despite criticism from opponents of the program.
TPS, established under a 1990 law signed by President George H.W. Bush, provides temporary work permits to migrants from countries facing armed conflict, natural disasters, or other unstable conditions. The current extension allows up to 937,600 eligible individuals to remain in the U.S. into 2026.
President-elect Donald Trump, who ended TPS for several countries during his first term and pledged to do so again, criticized such expansions. “We’re going to stop doing mass grants of Temporary Protected Status,” Vice President-elect J.D. Vance stated on the campaign trail in October.
Legal experts, however, argue that altering TPS would require action by Congress. “Trump can’t ignore what Congress wrote into law in 1990,” said Cornell Law professor Steve Yale-Loehr. Only individuals already enrolled in the program may reapply for protected status.
The Department of Homeland Security emphasized that applicants must meet rigorous security and public safety standards. “If any individual is identified as posing a threat, they may be detained, removed, or referred to other federal agencies for further investigation or prosecution as appropriate,” the department noted. Migrants convicted of a felony or two misdemeanors are barred from eligibility.
For Venezuelans, only those who have been in the U.S. since July 31, 2023, are eligible, and all applicants must prove continuous residence since August 16, 2023. Those entering unlawfully will not qualify, according to DHS.
A key concern linked to this decision is the growing influence of criminal groups like Tren de Aragua, which has reportedly established operations in multiple U.S. states. A DHS memo previously highlighted the gang’s expansion across the country.
Homeland Security Secretary Alejandro Mayorkas defended the extension, stating it reflects “careful review and interagency collaboration” to support individuals affected by crises while allowing them to contribute to U.S. communities.
TPS currently shields individuals from 16 countries, including Afghanistan, Haiti, Honduras, Ethiopia, and Yemen. Haitian migrants recently received an 18-month extension in August 2024, extending their status until February 2026.
