Immigrants with temporary or humanitarian legal status in the United States could soon face a precarious future under a potential second Trump administration. More than 1.5 million people currently live and work in the U.S. through protections like Temporary Protected Status (TPS) and new parole processes for migrants from Cuba, Haiti, Nicaragua, and Venezuela (CHNV).
These “twilight” statuses, which fall in a legal gray area between unauthorized presence and full immigration status, could be at risk. According to the Migration Policy Institute, over 3.3 million grants of liminal statuses exist, although some individuals may benefit from multiple programs. Without these protections, many immigrants who have long lived and worked legally in the U.S. could lose their status and face deportation.
Here are the key programs that could be affected:
Temporary Protected Status (TPS)
TPS allows immigrants from designated countries facing crises, such as natural disasters or conflict, to live and work in the U.S. without fear of deportation. While TPS was originally created for Salvadorans fleeing violence in the 1990s, it now covers nationals from several countries. In March, over 200,000 Haitians and 344,000 Venezuelans were granted TPS, following the Biden administration’s expansion of the program. The total number of active TPS grants has reached 863,880.
Under the Trump administration, TPS was aggressively targeted, with the argument that the program no longer served its original purpose. Although TPS holders are unable to adjust their status to become permanent residents, they have remained protected from deportation for years. Immigrant advocates are concerned that a second Trump administration could push for the termination of these designations, creating uncertainty for those relying on TPS for stability.
Deferred Action for Childhood Arrivals (DACA)
DACA, introduced by the Obama administration in 2012, offers temporary relief from deportation to undocumented immigrants who arrived as children. Known as “Dreamers,” these individuals must meet strict requirements, including background checks and continuous residence since their arrival. The number of DACA beneficiaries has significantly decreased from its peak of over 800,000 to about 535,000.
While DACA has gained bipartisan support, it has faced legal challenges. The program was ruled illegal by a Texas federal judge in 2021 and has been the subject of ongoing litigation. With a final decision pending, DACA’s future remains uncertain under a second Trump administration, which had previously sought to end the program in 2017.
Biden’s Parole Programs
Under President Biden, the U.S. has granted parole to large numbers of migrants from Cuba, Haiti, Nicaragua, and Venezuela. As of September, over 530,000 people have received parole under this program. However, the Biden administration has indicated it will not extend parole to new applicants, and the first group of Venezuelan parolees began seeing their status expire in October. Many advocates fear that a second Trump administration could let parole status expire, potentially leaving migrants vulnerable to deportation.
In addition, other parole programs such as those for Ukrainians and Afghan allies are also at risk, leaving hundreds of thousands of individuals in legal limbo. Advocates have called for extensions of parole status to provide more time for individuals to secure other forms of legal status.
Asylum Seekers
The U.S. asylum system is overwhelmed, with a backlog of over 2 million cases. While asylum applicants are protected from deportation until their cases are resolved, many individuals with temporary legal statuses have also applied for asylum. Immigrant advocates fear that a Trump administration could attempt to deport these individuals, but such actions would likely face significant legal hurdles.
The incoming administration’s approach to these protections has created widespread uncertainty. Advocates worry about the potential for mass deportations, increased detention, and the practical impact of losing work authorization. Many are left wondering whether they will be forced into hiding if their protections are revoked.
For now, immigrant communities face an uncertain future, with protections hanging in the balance as the Trump administration signals its intentions to dismantle these programs.
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