A newly revealed Biden-era memorandum has ignited a political fight over immigration policy, with Missouri Sen. Eric Schmitt (R) accusing former administration officials of considering broader Temporary Protected Status (TPS) protections shortly before then-President-elect Donald Trump returned to the White House.
The senator released the document on X, saying it showed Biden advisers considered broadening TPS eligibility in an effort to prevent potential deportations under the incoming administration.
Schmitt said the document showed Biden advisers were exploring accelerated TPS actions in the final weeks before the transition of power.
The senator said the plan could have expanded protections to millions of additional noncitizens and required the incoming administration to process applications after taking office.
TPS is a federal immigration program created by Congress that allows the Department of Homeland Security (DHS) to provide temporary protection from removal and work authorization to eligible nationals of countries experiencing conditions that prevent their safe return.
DHS can designate or extend TPS for countries affected by armed conflict, natural disasters, or other extraordinary conditions, and recipients must meet individual eligibility requirements.
The memo’s recommendations involved potential TPS changes affecting nationals from several countries, including Venezuela, Nicaragua, Ecuador, and Guatemala, according to Schmitt.
He said the proposal could have covered approximately 455,000 Venezuelans, 464,000 Nicaraguans, 600,000 Ecuadorians, and 1.5 million Guatemalans, along with tens of thousands of people from Ukraine, Afghanistan, and Sudan.
The Biden administration had previously extended TPS protections for certain countries during its final months in office.
In January 2025, DHS announced an extension of Venezuela’s TPS designation, allowing eligible current beneficiaries to maintain protections through October 2026 if they continued to meet program requirements.
At the time, DHS said the extension was based on ongoing conditions in Venezuela and applied only to individuals who met existing eligibility standards.
Schmitt specifically criticized the potential inclusion of Venezuelan nationals, citing concerns about members of the Tren de Aragua criminal organization.
Schmitt argued the proposal could have complicated future deportation efforts by expanding the number of people eligible for temporary protections before the administration changed, as highlighted by BizPac Review.
The senator said the most significant recommendation involved potentially creating about 2.1 million new TPS designations during Biden’s final weeks.
Schmitt argued that because TPS applications can take months to process, the changes could have created a lengthy administrative process for the Trump administration.
The full expansion described by Schmitt did not occur, although some TPS extensions and redesignations were issued before Biden left office.
Supporters of TPS have argued the program provides temporary humanitarian protections for people from countries facing dangerous conditions, while critics have debated whether repeated extensions allow protections to continue beyond their original purpose.
DHS has stated that TPS recipients undergo background checks and that individuals who do not meet requirements or pose security concerns can face immigration enforcement action.
Schmitt obtained the memorandum through a special access request to the Archivist of the United States in his role as chairman of the Senate Judiciary Subcommittee on the Constitution.
He said the document represented an attempt to use executive action to establish long-lasting immigration protections before Trump took office.
