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A newly revealed internal memo from the final days of the Biden administration exposes a calculated scheme to grant de facto amnesty to more than 3 million foreign nationals through Temporary Protected Status expansions, explicitly designed to block President Trump from carrying out the mass deportations the American people voted for.
Senator Eric Schmitt obtained the document, which laid out options to shield vast numbers of Guatemalans, Ecuadorians, Nicaraguans, Venezuelans and others from removal.
The plan aimed to force everything through activist judges and trap the incoming administration in years of litigation. As one post put it bluntly, this was a last-minute bid to protect foreign invaders before Trump took office.
The memo, dated around January 2025 though erroneously marked 2024 in places, estimated potential new TPS eligibility for roughly 1.5 million Guatemalans, 600,000 Ecuadorians, 464,000 Nicaraguans, 455,000 Venezuelans, plus smaller groups from Ukraine, Sudan and Afghanistan.
The total exceeded 3.1 million people. Senior advisors recommended creating 2.1 million new TPS designees in the administration's closing weeks, even while acknowledging that TPS applications take six months to process.
Schmitt commented, "My investigation uncovered that the Lame Duck Biden White House tried to keep millions of illegal aliens in our country by abusing the 'Temporary' Protected Status program."
"After the American people voted for President Trump's promise to end the TPS scam, the Biden administration tried to subvert the will of the American people," he continued, adding "This was mass amnesty-by-decree. America is for Americans, and it is our home - it is not a permanent refugee camp."
Schmitt further urged that "Biden tried to turn TPS into a 3.1-million-person deportation shield, protect Tren de Aragua members, and trap President Trump in years of litigation."
The most disturbing part, Schmitt noted, was the push to create millions of new designees so late in the term. "Luckily, that never happened and we have been deporting Ecuadorians and Guatemalans."
The memo itself referenced past court battles. It noted that prior federal litigation during Trump's first term had successfully halted efforts to terminate TPS for countries including Sudan, Nicaragua, Haiti, El Salvador, Nepal and Honduras, largely because of incomplete factual records.
It suggested the Biden team was prepared for more of the same under the new administration. Stakeholders, including a list of Democratic senators, had requested new designations for Ecuador and Guatemala in particular.
One week after the memo's circulation, the Biden administration extended TPS protections for nearly a million noncitizens. The full 3-million-plus plan was not fully executed, but the intent was clear: leave Trump with an even larger protected population and a thicket of lawsuits.