Democratic senators are voicing their concerns to President Joe Biden, urging him to extend temporary protections for immigrants before he departs from office. They stress that millions may have to return to dangerous situations in their home countries once President-elect Donald Trump is inaugurated.
These senators have been advocating for the White House to consider taking executive measures to prolong legal protections for migrants during Trump’s upcoming administration. The Biden administration is reportedly deliberating on possible next steps. However, any potential actions would come in the aftermath of an election where Trump garnered support by promising strict immigration policies. Simultaneously, the Democratic Party is grappling with internal discussions on how to address immigration and border security following their electoral setbacks.
Earlier this week, Biden’s administration implemented a permanent rule to extend work permits for asylum seekers, although no commitments have been made regarding other immigration priorities advocated for by Democrats. With only a few weeks left until Biden’s term ends, several senators publicly expressed their urgency in addressing this issue. “The urgency of the next 40 days will remain,” stated Senator Alex Padilla of California during a press conference, emphasizing their commitment to continue pushing for action.
Members from the Congressional Hispanic Conference are advocating for the White House to renew or re-designate Temporary Protected Status (TPS) for migrants from Nicaragua, Ecuador, and El Salvador. They are also requesting expedited renewals for recipients of the Deferred Action for Childhood Arrivals (DACA) program. Over one million migrants are currently relying on TPS, which permits them to legally stay and work in the U.S. if returning to their home countries poses a risk to their safety. Trump has indicated a desire to diminish this program as part of his intention to initiate a significant deportation initiative.
Senator Catherine Cortez Masto from Nevada expressed concern about the incoming administration’s expected chaotic immigration policies. “We have an opportunity to take action right now and provide these families with as much legal security and reassurance as we can,” she remarked. Although Trump could attempt to rescind certain actions, such measures would establish a legal barrier, enabling migrants to mount a stronger legal challenge against his directives.
In 2017, the Trump administration declared the termination of TPS for Nicaraguans, arguing that the situation no longer warranted protection. However, this decision faced legal backlash from TPS holders that led to a court ruling dictating the persistence of TPS for Nicaragua due to judicial orders. As discussions within the White House continue regarding the potential extension of temporary protections for select nations, sources close to the negotiations indicate no final decisions have been made.
Re-designating protected status for certain countries would require thorough evaluations regarding the safety and security of those nations, as it would affect individuals’ rights to remain in the U.S. from the date of re-designation. Conversely, a renewal process would only concern those already in the country, allowing them extended stays.
In recent months, advocates have increased their calls for the Biden administration to re-designate TPS for Nicaraguans, which would shield thousands from deportation. Numerous religious, immigration, and human rights organizations contend that the current political and environmental crises render it unsafe for Nicaraguans to go back home.
“We are apprehensive about the political changes under Trump, and TPS offers us a sense of security,” shared Grethel Gomez, a 60-year-old activist from Nicaragua, who could benefit from TPS. She has a personal connection to the struggle, as her son, a human rights activist, was detained for 45 days due to their activism, leading Gomez to protest for his release. Having entered the U.S. on a tourist visa in 2021, she applied for asylum but is anxious that her case might face delays under the new administration.
Additionally, TPS could provide assistance to Nicaraguans who entered the country under a separate Biden initiative termed humanitarian parole, which currently allows an interim legal status for two years. Trump has indicated plans to terminate the parole program as well.
Other immigrants, like Jose Cabrera, who holds TPS from El Salvador, have lived in the U.S. for many years. However, the TPS status for El Salvador is set to expire in March. Cabrera paused from his landscaping work to voice his concerns alongside senators at the Capitol, stating in translated comments, “I take great pride in being part of this community. Nonetheless, there is a significant amount of fear among immigrants like myself, especially with the incoming administration.”
