‘Legal authority’: Senate Dems demand Biden extend protections for illegal immigrants ahead of Trump admin

President Biden is under increasing pressure from Senate Democrats to take urgent action to extend protections for some illegal immigrants before the incoming Trump administration launches a mass deportation operation next year. Sens. Catherine Cortez Masto, Ben Ray Lujan, and Alex Padilla held a press conference this week with immigration activists to urge Biden to make moves for illegal immigrants currently protected by Temporary Protected Status (TPS) and Deferred Action for Childhood Arrivals (DACA).

TPS allows nationals from countries designated unsafe for them to obtain work permits and be shielded from deportation. DACA, an Obama-era executive order, allows some illegal immigrants brought to the U.S. as children to remain in the country without facing deportation.

The Trump administration is expected to allow TPS to expire for many countries, as it had attempted to do in its first term. Republicans have criticized the use of TPS, accusing the Biden administration of abusing the tool. A bill introduced by Sen.-elect Jim Banks in the House would restrict TPS designations by requiring Congress to approve them for 12-month terms.

Despite previous opposition to DACA, Trump has expressed willingness to work with Democrats to allow DACA recipients to stay in the U.S. However, with Trump’s campaign promise of a mass deportation operation looming, Democrats are urging Biden to act quickly to protect these immigrant communities.

Senator Cortez Masto emphasized the need for Biden to use his legal authority to give long-term immigrant communities certainty and protection. She expressed skepticism about Trump’s promise to protect DACA recipients, citing his actions during his first term.

Senator Padilla urged Biden to use this moment to protect long-term immigrants and strengthen the nation’s economy. A letter from Democrats led by Senator Dick Durbin expressed deep concerns about the incoming administration’s threat to immigrants and urged Biden to act decisively before the inauguration.

While there have been no indications of Biden planning any action on DACA, TPS extensions and redesignations are typically announced by the Department of Homeland Security. The White House did not respond to requests for comments.

The Trump administration’s attempts to end DACA were blocked by the Supreme Court, and a lawsuit challenging the policy’s legality is under review. In 2019, Trump proposed additional protection for DACA recipients in exchange for funding for a border wall, a deal rejected by Democrats.

As pressure mounts on Biden to act, Democrats are calling for urgent measures to protect these vulnerable immigrant communities before the Trump administration takes office. It remains to be seen how Biden will respond to these calls for action.