Biden expands Immigration tool that doesn’t require Congress 

Over the past two years,
The Biden administration expands immigration tool and advocates are hoping for more of an expansion of the program. TPS allows immigrants who cannot safely return to their home countries to work legally and avoid deportation for 18-month periods. Biden has the authority to unilaterally designate which countries are eligible, bypassing Congress. Biden has more than doubled the number of immigrants eligible for TPS from 411,326 people in January 2021 and has risen in the past two years to 986,881.
The Temporary Protected Status program has emerged as a key tool for President Joe Biden, two years into his administration.

Biden expands immigration tool

 — What changed and what it means

Because Congress has not passed major immigration reform, recent administrations have repeatedly relied on executive tools — especially Temporary Protected Status (TPS) and administrative parole — to provide relief or humanitarian access for certain groups. The Biden administration has used these authorities to expand protections and create safe-arrival pathways for people from countries facing crises; these measures are unilateral executive actions and do not require new legislation from Congress. 

What are the tools being used?

  • TPS: allows designation of countries where nationals cannot safely return and provides temporary protection and work authorization. 
  • Parole: discretionary, case-by-case entry for urgent humanitarian reasons or significant public benefit; used in several arrival programs. 

Why the administration uses these tools

  • Speed and flexibility compared with legislative reform.
  • To provide humanitarian protection and safer, more orderly pathways. 

Limits, risks, and advocacy notes

  • These protections are temporary and discretionary; they do not automatically lead to permanent residence. 
  • Programs have faced legal and political challenges; watch for changes and litigation. 

Contact us to screen clients, prepare TPS/parole materials, assemble supporting country-condition evidence, and design parallel filings to pursue longer-term status.

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