A newly disclosed White House memo, originating from the final days of the Biden administration, has revealed proposals to substantially expand Temporary Protected Status (TPS) protections for millions of foreign nationals. The document, obtained by Missouri Senator Eric Schmitt (R), outlines immigration policy options that were presented to then-President Biden as President Donald Trump prepared for his second term in office. Senator Schmitt, acting in his capacity as chairman of the Senate Judiciary Subcommittee on the Constitution, stated he acquired the memo from Archivist of the U.S. Edward Forst.
"My investigation uncovered that the Lame Duck Biden White House tried to keep millions of illegal aliens in our country by abusing the ‘Temporary’ Protected Status program." — Senator Eric Schmitt, R-Missouri
The memo suggests expanding TPS protections to more than 3 million additional foreign nationals from various countries, including Guatemala, Ecuador, Nicaragua, and Venezuela. TPS is a humanitarian immigration program designed to allow eligible individuals from designated countries experiencing armed conflict, natural disasters, or other extraordinary conditions to temporarily remain and work in the United States. The program offers a legal pathway for individuals who might otherwise face unsafe conditions if returned to their home countries.
According to Senator Schmitt, the proposals detailed in the memo would have created approximately 2.1 million new TPS designations. A chart included within the document estimated that roughly 1.5 million Guatemalans, 600,000 Ecuadorians, 464,000 Nicaraguans, and 455,000 Venezuelans could potentially qualify under the proposed expansion. Smaller populations from Ukraine, Sudan, and Afghanistan were also mentioned as potential beneficiaries.
A key aspect highlighted in the memo was its acknowledgment of litigation during President Trump's first administration, which had successfully delayed previous efforts to terminate TPS protections for several countries, including Haiti, Nicaragua, El Salvador, Nepal, Honduras, and Sudan. The document explicitly stated that expanding TPS could "potentially protect many vulnerable people from President-elect Trump’s planned mass deportations," and expressed confidence that such protections would likely withstand court challenges if the incoming administration sought to terminate them. This suggests a strategic intent behind the proposed expansions, aiming to preempt anticipated policy changes by President Trump.
Senator Schmitt issued a statement to Fox News Digital, asserting, "My investigation uncovered that the Lame Duck Biden White House tried to keep millions of illegal aliens in our country by abusing the ‘Temporary’ Protected Status program." He emphasized the program's designation as "temporary," implying that its expanded application for such large numbers of individuals would constitute an abuse of its original intent.
The memo also referenced requests from several Democratic senators who urged additional TPS-related actions before President Trump assumed office. These included Senator Michael Bennet (D-Colorado), Senator Catherine Cortez-Masto (D-Nevada), Senator Cory Booker (D-New Jersey), Senator Dick Durbin (D-Illinois), Senator Mazie Hirono (D-Hawaii), Senator Ben Ray Luján (D-New Mexico), Senator Tammy Duckworth (D-Illinois), and Senator Alex Padilla (D-California). These requests underscore a broader push within the Democratic Party to strengthen protections for foreign nationals, particularly in anticipation of shifts in immigration policy under a new administration.
Despite the comprehensive nature of the proposals outlined in the memo, Senator Schmitt confirmed that they were never fully implemented. However, he noted that approximately one week after the memo was prepared, the Biden administration did extend TPS protections for nearly 1 million foreign nationals, indicating some movement towards expanding these designations, albeit not to the full extent discussed in the disclosed document. The memo's existence and its contents shed light on internal discussions and strategic considerations within the Biden White House regarding immigration policy as a new presidential term approached.
