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Jul 16, 2025  |  
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Stephen Dinan


NextImg:Biden moves to block Trump by renewing ‘temporary’ migrant amnesty

An earthquake struck El Salvador in 2001, and the U.S. government offered a reprieve to Salvadorans who were living in the U.S. at the time, saying they could stay for 18 months to give their home country a chance to recover.

Twenty-four years later, more than 234,000 of them are still living here under that same “temporary” reprieve.

On Friday, President Biden gave them another 18 months of amnesty from deportation.



For good measure, he also gave another 18-month reprieve — officially known as Temporary Protected Status — to 600,000 Venezuelans, more than 100,000 Ukrainians and nearly 2,000 Sudanese.

All told, that’s nearly a million migrants Mr. Biden and Homeland Security Secretary Alejandro Mayorkas moved to put somewhat out of reach in the early days of the incoming Trump administration.

The decision drew cheers from immigration activists, who saw it as a rare bright spot for illegal immigrants anticipating rough times ahead — and another betrayal of immigration law by President-elect Donald Trump’s backers.

“Biden is still trying to upend U.S. immigration laws [and] policies all the way to the end,” said one former senior Homeland Security official. “It’s purposeful and deceitful.”

TPS is supposed to be a short-term bridge for countries facing natural disasters, epidemics, war or political unrest. It means citizens of those countries aren’t forced to return home to chaos, and it gives the countries space to recover without having to see an influx of people.

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When conditions are recovered, the status is supposed to lapse.

TPS grants amnesty from deportation. But perhaps more valuable to the migrants is that it includes a work permit, allowing them to compete for jobs and put down deeper roots in the U.S.

The numbers were fairly static during President Barack Obama’s tenure, hovering around 420,000 people protected.

Mr. Trump tried to cut the numbers by canceling status for some countries. Those decisions were largely blocked by federal courts, who said he cut too many procedural corners. When he left office in 2021, there were still about 320,000 people protected by TPS.

Indeed, it was a battle over the fate of TPS recipients that sparked Mr. Trump’s ill-tempered comment in 2018 labeling some less-fortunate nations as “s—-hole countries.”

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When Mr. Biden took office, his plan to do the opposite of Mr. Trump on immigration included TPS, where he oversaw a massive expansion. He extended existing protections and added a host of new countries — and roughly 1 million new migrants — to the tally.

Along the way, the temporary aspect has become almost meaningless.

The earthquake that slammed El Salvador is largely a thing of the past. The country’s economy is roaring, the government has tamed violence and foreign investors are eager to set up shop.

But Mr. Mayorkas said parts of the country where the earthquake struck in 2021 suffered from “heavy rainfall” in 2023 and 2024, so TPS is still warranted.

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“It’s absurd,” said Matthew O’Brien, who served as an immigration judge and official at several Homeland Security agencies and is now with the Immigration Reform Law Institute. “It’s a deliberate attempt to hobble the Trump administration.”

Under Mr. Mayorkas’s renewal, Salvadorans will be protected through Sept. 9, 2026 — more than 25 years.

“The country conditions are absolutely meaningless,” said the former senior Homeland Security official who spoke with The Times. “El Salvador is so well off that they’re actually attracting U.S. investment. El Salvador’s economy is booming. They’re going to become the silicon valley of Central America.”

El Salvador isn’t even the longest-running TPS. That distinction belongs to Honduras and Nicaragua, where tens of thousands of migrants have been living here under temporary status after Hurricane Mitch devastated parts of those countries in 1998.

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Immigration advocates say TPS is a critical humanitarian tool, and they hailed Mr. Biden for his departing gift.

“This decision provides relief and stability to hundreds of thousands of individuals who cannot safely return to their home countries due to ongoing environmental and political crises,” said Rep. Adriano Espaillat, New York Democrat and chairman of the Congressional Hispanic Caucus.

But Mr. O’Brien said the result is to entrench a large group of migrants who lack a legal visa to remain in the U.S. under the normal immigration system, but who then become the seed for still more immigration.

The 600,000 Venezuelans, for example, can apply to sponsor fellow Venezuelans under Mr. Biden’s legally iffy “parole” programs that allow some migrants to apply for entry even though they don’t qualify for a visa.

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Those here on TPS can also attempt to marry and gain status, and any children born here are automatically citizens, creating another defense against deportation.

“They’re creating a huge base for people to get a foothold in the U.S., try and get some kind of permanent immigration status, and then begin to petition for their family members to come here,” Mr. O’Brien said.

• Stephen Dinan can be reached at sdinan@washingtontimes.com.