Unashamed, Mayorkas Extends Protected Status for 1.26 Million Aliens in the U.S.

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Just days before leaving office, Homeland Security Mayorkas announced the extension of Temporary Protected Status (TPS) for nationals from El Salvador, Sudan, Ukraine and Venezuela. The move, clearly intended to prevent the incoming Trump administration from deporting illegal aliens, will shield approximately 1,266,140 foreign nationals – virtually all of them in the U.S. illegally.

Since taking office, the Biden administration has flagrantly abused TPS, ignoring congressional intent that the program serve as a temporary form of humanitarian relief to war-torn countries or regions that have suffered natural disasters. Today, there are 17 countries designated for TPS, and the Biden administration designated or redesignated 7 countries in 2024 alone. Indeed, instead of being used as a temporary humanitarian measure, TPS has become a backdoor amnesty that shields foreign nationals in the U.S. from deportation, even when it is safe to return to their home country.

The number of aliens eligible for TPS under last week’s four-country extension is much higher than reported by Homeland Security and the media. FAIR has determined – using DHS’ own estimates – that up to 1.26 million from the four countries now could be shielded from deportation. While DHS stated only 900,000 foreign nationals will benefit, the reality is that many more are able to come forward and apply, despite any required timeframe to register. Those that have not registered for TPS are able to file late and be approved. And, even those in detention are able to apply with USCIS or seek TPS while in court proceedings. Thus:

• The extension of TPS for El Salvador allows up to 239,000 eligible beneficiaries to register or re-register for TPS and remain in the country until Sept. 9, 2026.
• The extension of TPS for Venezuela allows up to 795,000 eligible beneficiaries to register or re-register for TPS and remain in the country until October 2, 2026.
• The extension of TPS for Ukraine allows up to 226,300 eligible beneficiaries to register or re-register for TPS and remain in the country until October 19, 2026.
• The extension of TPS for Sudan allows up to 5,840 eligible beneficiaries to register or re-register for TPS and remain in the country until October 19, 2026.

The last-minute effort to protect illegal aliens from deportation cast doubt on whether the extensions were justified, or even reviewed as required under the law. For example, Mayorkas extended TPS for nationals of El Salvador due to environmental disasters, saying, “El Salvador’s extension of TPS is based on geological and weather events, including significant storms and heavy rainfall in 2023 and 2024, that continue to affect areas heavily impacted by the earthquakes in 2001.” The review of country conditions by the government are not available to the public.

With 17 countries now designated for TPS, more than 2.122 million aliens in the U.S. are eligible for TPS. Of this total, more than 1.778 million or over 84 percent of them are eligible because of decisions made by the Biden Administration.

*FAIR data based on DHS estimates of individuals eligible and published in Federal Register Notices for Designations, Re-Designations and Extensions.

Julie Kirchner, Executive Director of FAIR, said, “The decision to extend TPS this late in the administration is a blatant misuse of power, and it calls into question whether Mayorkas actually conducted a full-scale and unbiased review of country conditions as required by the law. While members of Venezuela’s notorious gang, Tren de Aragua, terrorize American communities, Mayorkas is extending their ability to remain and work in the U.S. until October of 2026 – nearly 630 days from today. And, El Salvador has been designated for nearly 24 years, despite improving conditions since the earthquakes in 2001. It’s past time Congress reform the law so that the system cannot be abused, and we hope President Trump will work with Congress to restore the program to its original intent.”

President-elect Trump and Vice President-elect JD Vance have railed against the TPS program and suggested they would look to end designations that are no longer justified. The first Trump administration attempted to terminate several designations, but those changes were held up in the courts.

Now, President Trump has a second opportunity to act. During previous transfers of power, the incoming administration has frozen rules and regulations that are not yet in effect. President-elect Trump could – and should – immediately freeze these TPS extensions until a review can be undertaken, and extensions that are not justified should be rescinded.

Author: Press Release