The Biden administration has enthusiastically adopted executive power to provide immigration safeguards. This has led to a significant increase in the number of people residing in the United States with temporary statuses. A staggering, record-breaking 1.9 million migrants entered or got permission to stay in the United States. Meanwhile, others are currently present under a twilight immigration status that does not guarantee a pathway to permanent residency. However, it offers temporary protection from deportation for at least one year. Additionally, many recipients can legally work during this period.
More than 700,000 individuals have entered the United States using temporary immigration parole for the purpose of undergoing removal proceedings. The Biden administration has prioritized granting liminal status as a key aspect of its immigration policy. This applies whether through humanitarian parole, Temporary Protected Status (TPS), or other programs. The administration’s heavily relies on executive authority due to the lack of congressional action in addressing current immigration challenges. For example, there are unprecedented unauthorized arrivals at the U.S.-Mexico border and ongoing humanitarian crises.
These twilight statuses enable the government to promptly tackle rapidly evolving situations. They also offer much-needed respite to migrants who would otherwise reside in or return to their home countries. Those countries could face war, natural disasters, or other emergencies. However, they leave their holders in a state of uncertainty. Increasing the number of temporary status individuals raises policy and integration concerns that require attention.
The population of immigrants in twilight status is significant due to its size and the diverse range of initiatives involved. These initiatives include the Deferred Action for Childhood Arrivals (DACA) program and other deferred action programs. DHS announced in July that it would allow certain individuals to enter the United States earlier through immigration parole. (From Colombia, El Salvador, Guatemala, and Honduras.) These individuals are waiting for their family-based visa applications to process. This decision should ease the burden on separated families (due to visa processing delays).
Parole also controls the movement of individuals from specific countries who have arrived at the southwest border without authorization. This allows some of them to enter the United States while Mexico agrees to take back an equal number. Humanitarian parole has expedited the entry of numerous migrants escaping war in Afghanistan and Ukraine. Additionally, the administration has extended TPS. TPS provides work permits and temporary deportation protection to hundreds of thousands of immigrants already in the United States. This renews existing designations and establishes new ones.
Some of the 1.9 million individuals may have transitioned between temporary statuses. Alternatively, they could have successfully obtained more permanent statuses, such as asylum.
Latest Statistics: U.S. Immigrants with Twilight Status in 2023 – Data & Table**
The use of executive authority to grant temporary relief has been a common practice for decades. It has even been used to help musician John Lennon avoid deportation in the 1970s. Current efforts to address multiple policy goals through this method are unprecedented and have faced criticism from certain Republicans. These Republicans are pushing to put an end to the administration’s use of parole.
Here we examine the initiatives established during the Biden. These temporary statuses pose difficulties. This includes the absence of avenues for obtaining permanent residency and the impact on immigrants’ assimilation into America.
A Whole New World: Parole Used Unlike in the Past
There has been a significant and dramatic change in the use of immigration parole under the Biden administration. The government now has the authority to grant parole to immigrants who are facing urgent humanitarian concerns in their home country. It also grants to those who can provide significant public benefit to the United States. This allows them to enter the U.S. legally and be eligible for work authorization. In the past, parole goes to large numbers of individuals fleeing conflict or persecution.
The Refugee Act of 1980 urgently safeguarded refugees and displaced individuals, particularly those fleeing from communism. The current refugee processing system is frustratingly sluggish. There is an average waiting period of four years for individuals already in the refugee resettlement pipeline. Having set a limit of 125,000 refugees for 2023, the Biden administration has only accepted 38,700. This leaves numerous individuals with compelling cases for refugee status and an immediate need for protection. For example, Afghans and Ukrainians escaping war rely on parole to expedite their admission process.
The record unauthorized arrivals at the U.S.-Mexico border have created an urgent situation. The challenge of returning migrants to countries in crisis or with strained diplomatic relations with the United States has made it difficult. The DHS has resorted to employing parole as a strategy to decrease the number of unauthorized crossings and restore order. This approach is an alternative for migrants who would otherwise cross irregularly. As a result, the Biden administration’s utilization of parole has far exceeded that of previous administrations.
Parole Programs for Individuals of Specific Nationalities
The government has implemented novel parole programs based on nationality. This led to a significant number of migrants choosing to enter the United States through legal means. One such program caters specifically to individuals from Cuba, Haiti, Nicaragua, and Venezuela. Through this initiative, over 168,000 individuals from these nations – currently facing political or economic challenges – have undergone thorough screening. In turn, they have authorization to travel to the United States as of mid-July.
Operation Allies Welcome was operational from August 2021 to September 2022. It evacuated and provided parole to 76,200 Afghans when the US military withdrew from Afghanistan. At that time, the Taliban took over of the country. Through Uniting for Ukraine, operational since April 2022, the government has paroled over 141, 000 Ukrainians as of July 13. This program aims to welcome individuals who fled Ukraine after Russia’s invasion in February 2022.
Generally, migrants arriving through these programs receive two years of parole and can apply for work permits. However, they must seek another route to become lawful permanent residents (LPRs), also known as green-card holders. It’s important to note that there is no automatic access to a permanent route.
As the expiration dates approach for Afghan and Ukrainian parolees, U. S. Citizenship and Immigration Services (USCIS) is currently allowing them to temporarily extend their parole. However, measures other nationalities face expiration dates in the coming months. At this time, USCIS has not announced any specific processes for extensions for these individuals.
Nationality-Based Parole Programs for U.S. Immigrants: Arrivals Missing an Automatic Path to Permanent Status, 2021-23*
Apart from parole programs without a direct path to permanence, the administration started new family reunification programs for migrants. (From Colombia, Cuba, El Salvador, Guatemala, Haiti, and Honduras who already have filed family-based green-card applications. The Cuba and Haiti programs restarted in 2022, and the others in July 2023.) The program will consider an estimated 73,500 people for parole as of May. It would let them enter and remain in the United States while their application processes. Unlike other parole programs, generally allowing for two years of status, family reunification programs grant three years of parole.
Parole Granted at the Border
The Biden administration’s exercise of parole has undergone a significant change. The Border Patrol now uses it to allow migrants encountered crossing without authorization to enter for very short periods. In many cases, this period is 60 days. The purpose is to expediently process them out of border facilities and place them in removal proceedings. Historically, immigration parole at ports of entry is for people with advance permission to enter. Or, it’s to screen those on an individualized basis for emergencies or exigent circumstances.
U.S. Border Patrol Grants of Immigration Parole, FY 2013-23 #!
DHS changed the implementation of parole along the southwest border and increased its usage significantly. Starting in January 2023, the department started encouraging migrants to schedule border appointments using the CBP One mobile app. Individuals with appointments from the app typically get one to two years of parole, compared to those encountered between ports of entry. The number of scheduled appointments has increased, with nearly 150, 000 migrants making appointments through June 30. The largest numbers of appointments are coming from Haitians, Venezuelans, and Mexicans.
Figure 3. 2023 Monthly Scheduled CBP One App Appointments^
Breaking it Down: Deferred Action for Unauthorized Immigrants in the US: A Comprehensive Guide
The Biden administration has taken steps to strengthen and, in certain cases, expand different forms of relief. These steps aim to prevent deportation, providing work authorization for certain unauthorized immigrants already in the US. One notable example is a regulation from 2022. The relegation should bolster the DACA program and protect it from potential legal challenges.
First announced in 2012, the DACA program has faced legal challenges that have led to court orders blocking new applications. Over its lifetime, approximately 800,000 people have benefited from the program, with 579, 000 individuals registered as of March 2023. A court decision could terminate the DACA program. The administration has expressed its intention to explore alternative methods of protecting beneficiaries. However, specific details regarding these alternatives are not public at this time.
Exploring Deferred Action: Understanding Other Grant Options
In addition to DACA, the government has also extended deferred action to tens of thousands of unauthorized immigrants. This measure protects them from deportation and enables them to apply for work authorization.
Approximately 80, 000 abused, abandoned, or neglected youth, known as Special Immigrant Juveniles, are waiting to apply for green cards. These individuals have also received deferred action for four years through a process that started in 2022. These programs aim to alleviate the impact of visa backlogs. Those can cause significant delays in obtaining green cards for eligible immigrants.
In January, a more recent program offers deportation deferral for unauthorized immigrants involved in labor disputes with their employers. This program formalized a process that was previously ad hoc. As of July, at least 450 immigrants have requested deferred action through this program.
Trends and Statistics: Immigrants with a Grant of Deferred Action in 2023 [*]
In addition, there are several smaller programs that offer temporary protections to specific groups. These include the Central American Minors program, parole for veterans who faced deportation in the past, and an initiative aimed at reuniting separated families. Noncitizens also have the option to individually request parole or deferred action from the Department of Homeland Security (DHS).
Understanding Temporary Protected Status (TPS): Eligibility, Benefits, and Updates
A record number of noncitizens in the United States qualify for Temporary Protected Status (TPS). TPS offers relief from deportation for up to 18 months and eligibility to apply for work authorization. It can go to nationals of countries experiencing conditions that prevent their safe return, such as natural disasters or war.
Temporary Protected Status (TPS) was for Salvadorans residing in the United States in 1990. Since then, both Democrat and Republican administrations have granted and extended TPS designations for nationals of 28 countries. As a result, what an intended temporary status has lasted for more than 30 years for some individuals. As of March 2023, approximately 611, 000 immigrants held TPS.
Temporary Protected Status Recipients by Nationality: Analysis from 2004-2023 ^*^
The Biden administration issued new TPS designations for Afghanistan, Cameroon, Ethiopia, Myanmar (Burma), Ukraine, and Venezuela. Additionally, TPS was extended to El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, and Yemen. The government also granted/extended Deferred Enforced Departure (DED) for individuals from Hong Kong and Liberia.
Newly Eligible U.S. Immigrants: Temporary Protected Status (TPS) 2021-2023 *****
The Cost of Being in Limbo: Understanding the Consequences
Taken together, these programs and designations represent a notable shift in the immigrant demographic in the United States. A greater number of individuals now hold twilight statuses, which permit them to work and live in the country legally. However, these statuses come with limitations in terms of duration and extension guarantees. Unlike previous approaches, the Biden administration has introduced these initiatives not only for humanitarian reasons but also to bring order to the U. S.-Mexico border. Parole would streamline the migration process.
The demand for these programs still exceeds the availability. It raises the question of whether they incentivize more migrants to head towards the United States. In May alone, USCIS received over 1. 5 million applications for the Cuba, Haiti, Nicaragua, and Venezuela parole program. USCIS has moved away from its original first-in, first-out system for all cases. Instead, it opts to select half of the cases through a random lottery.
Some observers have raised concerns about the programs. They do not identify individual vulnerabilities and may not prioritize the migrants who most need protection. Certain program requirement, may restrict access to those with financial resources and connections.
The Biden administration uses liminal status differently from Trump’s immigration policies. Republican-led states and former officials have taken legal action against Biden’s initiatives. They particularly oppose the expanded use of parole.
A lawsuit against the Cuba, Haiti, Nicaragua, and Venezuela program faces a federal court in Texas. The program could be blocked as a result. It would not only impact parolees but could also have implications for Mexico’s cooperation on various border issues. Mexico has conditioned its cooperation on the entrance of nationals from these four countries into the United States.
Navigating through Different Programs: Understanding the Status Shared by Many
The fate of individuals with twilight statuses is uncertain. A future administration has the potential to revoke these temporary protections. President Donald Trump attempted to do so multiple times during his tenure. Additionally, litigation could pause or terminate any of these programs, leaving beneficiaries without legal status.
In the past, Congress has passed adjustment acts for parolees and recipients of TPS and DED, including those from Hungary, Cuba, and Vietnam. Under the 1966 Cuban Adjustment Act, new Cuban parolees can apply for a green card after one year. No immediate action would provide permanent status to the majority of individuals with liminal status today. This is primarily due to a lack of bipartisan consensus on immigration.
The sole exemption to this rule pertains to the family reunification parole initiatives. This enables beneficiaries to pursue permanent residency within the framework of the existing law. Notably, Representative Bill Keating (D-MA) has put forth the Ukrainian Adjustment Act. Similar proposals for Afghans and Venezuelans have encountered resistance. The same is true for those aimed at recipients of DACA, DED, and TPS.
Individuals who may be eligible for a more permanent status may face challenges when applying. This is primarily due to a lack of awareness about their eligibility. This lack of awareness is often linked to limited access to legal representation.
There is a lack of alternative options to apply for a more permanent status. Many recipients of twilight status have chosen to seek asylum. If granted, asylum provides a pathway to obtaining a green card after one year.
The applications for deferred action, TPS, and related work permits have overwhelmed the already backlogged processes at USCIS. The average wait time for TPS approval for Haitians is now 17. 5 months, which is almost the same duration as the status itself. Stakeholders have urged the agency to introduce efficiencies such as transferring an individual’s biometrics from one application to another. This would avoid the need for multiple repetitions of the process.
Due to the lack of a clear path forward, many individuals holding twilight status cannot secure long-term residence. They will be compelled to return to their countries of origin even in the face of conflict or crisis. A significant number of individuals will choose to remain in the United States without legal status. This would further contribute to the population of approximately 11 million unauthorized immigrants.
The lack of certainty raises concerns for immigrants, their families, U. S. communities, and various institutions. Immigrants’ right to work and access benefits impacts employers, schools, and government offices nationwide. Migrants who are uncertain about their future face difficult decisions: housing, education, healthcare, career. All of those impact their integration into U. S. society.
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**Notes: Table shows the number of holders of Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) as of March 2023. CBP One app numbers are through June 2023. All other numbers indicate the number of people initially granted each type of status or approved for travel. Some grantees may have subsequently obtained a different immigration status, including asylum, TPS, lawful permanent residence, or other forms of legal status. Sources: U.S. Customs and Border Protection (CBP), “CBP releases January 2023 Monthly Operational Data” (press release, February 10, 2023), available online; CBP, “CBP Releases February 2023 Monthly Operational Data” (press release, March 15, 2023), available online; CBP, “CBP Releases March 2023 Operational Data” (press release, April 17, 2023), available online; CBP, “CBP Releases April 2023 Monthly Operational Update” (press release, May 17, 2023), available online; CBP, “CBP Releases May 2023 Monthly Operational Update” (press release, June 20, 2023), available online; CBP, “CBP Releases June 2023 Monthly Update” (press release, July 18, 2021), available online; U.S. Citizenship and Naturalization Services (USCIS), “Count of Active Daca Recipients as of March 31, 2023,” accessed July 19, 2023, available online; Camilo Montoya-Galvez, “U.S. Has Welcomed More than 500,000 Migrants as Part of Historic Expansion of Legal Immigration Under Biden,” CBS News, July 18, 2023. available online; Jill H. Wilson, Temporary Protected Status and Deferred Enforced Departure (Washington, DC: Congressional Research Service, 2023), available online.
* The figure shows data as of September 2022 for those arriving in the United States via Operation Allies Welcome; as of July 13, 2023 for those arriving under Uniting for Ukraine; and as of July 13, 2023 for those approved to travel via the Cuban, Haitian, Nicaraguan, and Venezuelan parole programs. Sources: Camilo Montoya-Galvez, “U.S. Has Welcomed More than 500,000 Migrants as Part of Historic Expansion of Legal Immigration Under Biden,” CBS News, July 18, 2023, available online; U.S. Department of Homeland Security (DHS), “DHS Announces Family Reunification Parole Processes for Colombia, El Salvador, Guatemala, and Honduras” (press release, July 7, 2023), available online; DHS, Department of Homeland Security Operation Allies Welcome: Afghan Parolee and Benefits Report (Washington, DC: DHS, 2023), available online.
^ Note: Data come from U.S. Customs and Border Protection (CBP) releases and are approximations. Data for January refer to the period from January 18 to January 31, after the implementation of the CBP One App process. Before May 11, data refer to Title 42 exceptions; after May 11, data refer to appointments to present at a port of entry to be processed. Sources: CBP, “CBP releases January 2023 Monthly Operational Data” (press release, February 10, 2023), available online; CBP, “CBP Releases February 2023 Monthly Operational Data” (press release, March 15, 2023), available online; CBP, “CBP Releases March 2023 Operational Data” (press release, April 17, 2023), available online; CBP, “CBP Releases April 2023 Monthly Operational Update” (press release, May 17, 2023), available online; CBP, “CBP Releases May 2023 Monthly Operational Update” (press release, June 20, 2023), available online; CBP, “CBP Releases June 2023 Monthly Update” (press release, July 18, 2021), available online.
[*] Note: Some immigrants granted deferred action may have subsequently received green cards. Sources: USCIS, “Count of Active Daca Recipients as of March 31, 2023,” accessed July 19, 2023, available online; USCIS, “Number of Form 1-918, Petition for U Nonimmigrant Status Bona Fide Determination,” accessed July 19, 2023, available online; Panel discussion at the spring conference of the American Immigration Lawyers Association, Washington, DC, April 27-28, 2023.
^*^ Notes: Figure is based on data from the Congressional Research Service (CRS). Some of the changes by year may be due to differences in how CRS counts the number of people with TPS from various countries. A change in methodology between 2016 and 2017 generated an increase in estimates; another change between 2020 and 2021 generated a decrease. Prior to 2021, CRS estimates included lawful permanent residents (LPRs) as TPS holders, but subsequent estimates have excluded them. Data for 2007 and 2013 were unavailable. Sources: Ruth Ellen Wasem and Karma Ester, Temporary Protected Status: Current Immigration Policy and Issues (Washington, DC: CRS, 2005), available online; Ruth Ellen Wasem and Karma Ester, Temporary Protected Status: Current Immigration Policy and Issues (Washington, DC: CRS, 2006), available online; Ruth Ellen Wasem and Karma Ester, Temporary Protected Status: Current Immigration Policy and Issues (Washington, DC: CRS, 2006), available online; Ruth Ellen Wasem and Karma Ester, Temporary Protected Status: Current Immigration Policy and Issues (Washington, DC: CRS, 2008), available online; Ruth Ellen Wasem and Karma Ester, Temporary Protected Status: Current Immigration Policy and Issues (Washington, DC: CRS, 2010), available online; Ruth Ellen Wasem and Karma Ester, Temporary Protected Status: Current Immigration Policy and Issues (Washington, DC: CRS, 2010), available online; Ruth Ellen Wasem and Karma Ester, Temporary Protected Status: Current Immigration Policy and Issues (Washington, DC: CRS, 2011), available online; Ruth Ellen Wasem and Karma Ester, Temporary Protected Status: Current Immigration Policy and Issues (Washington, DC: CRS, 2012), available online; Ruth Ellen Wasem and Karma Ester, Temporary Protected Status: Current Immigration Policy and Issues (Washington, DC: CRS, 2014), available online; Lisa Seghetti, Karma Ester, and Ruth Ellen Wasem, Temporary Protected Status: Current Immigration Policy and Issues (Washington, DC: CRS, 2015), available online; Name redacted, Temporary Protected Status: Current Immigration Policy and Issues (Washington, DC: CRS, 2016), available online; Name redacted, Temporary Protected Status: Overview and Current Issues (Washington, DC: CRS, 2017), available online; Name redacted, Temporary Protected Status: Overview and Current Issues (Washington, DC: CRS, 2018), available online; Jill H. Wilson, Temporary Protected Status: Overview and Current Issues (Washington, DC: CRS, 2019), available online.
#! Data for fiscal year (FY) 2023 are for the first nine months of the year, October 2022 to June 2023. Note: Data are for parole granted to migrants crossing the border irregularly between ports of entry. Sources: Data from 2013 to 2021 are from Transactional Records Access Clearinghouse (TRAC), “Border Patrol Arrests,” updated July 2022, available online; data from 2022 and 2023 are from U.S. Customs and Border Protection, “Custody and Transfer Statistics,” updated July 18, 2023, available online.
***** Sources: Jill H. Wilson, Temporary Protected Status and Deferred Enforced Departure (Washington, DC: CRS, 2023), available online; U.S. Citizenship and Immigration Services (USCIS), “Designation of Venezuela for Temporary Protected Status and Implementation of Employment Authorization for Venezuelans Covered by Deferred Enforced Departure,” Federal Register 86, no. 44 (March 9, 2021): 13574, available online; USCIS, “Extension and Redesignation of Somalia for Temporary Protected Status,” Federal Register 88, no. 48 (March 13, 2023): 15434, available online; USCIS, “Extension and Redesignation of Burma (Myanmar) for Temporary Protected Status,” Federal Register 87, no. 186 (September 27, 2022): 58515, available online; USCIS, “Designation of Sudan for Temporary Protected Status,” Federal Register 87, no. 75 (April 19, 2022): 41863, available online; USCIS, “Designation of Ukraine for Temporary Protected Status,” Federal Register 87, no. 75 (April 19, 2022): 23211, available online; USCIS, “Extension and Redesignation of South Sudan for Temporary Protected Status,” Federal Register 87, no. 42 (March 3, 2022): 41863, available online; USCIS, “Designation of Afghanistan for Temporary Protected Status,” Federal Register 87, no. 98 (May 20, 2022): 30976, available online; USCIS, “Designation of Cameroon for Temporary Protected Status,” Federal Register 87, no. 109 (June 7, 2022): 34706, available online; USCIS, “Extension and Redesignation of Syria for Temporary Protected Status,” Federal Register 87, no. 146 (August 1, 2022): 46982, available online; USCIS, “Reconsideration and Rescission of Termination of the Designation of Nepal for Temporary Protected Status; Extension of the Temporary Protected Status Designation for Nepal,” Federal Register 88, no. 118 (June 21, 2023): 40317, available online; USCIS, “Designation of Ethiopia for Temporary Protected Status,” Federal Register 87, no. 237 (December 12, 2022): 76074, available online; USCIS, “Extension and Redesignation of Yemen for Temporary Protected Status,” Federal Register 88, no. 1 (January 3, 2023): 94, available online; USCIS, “Reconsideration and Rescission of Termination of the Designation of El Salvador for Temporary Protected Status; Extension of the Temporary Protected Status Designation for El Salvador,” Federal Register 88, no. 118 (June 21, 2023): 40282, available online; USCIS, “Reconsideration and Rescission of Termination of the Designation of Honduras for Temporary Protected Status; Extension of the Temporary Protected Status Designation for Honduras,” Federal Register 88, No. 118 (June 21, 2023): 40304, available online; USCIS, “Reconsideration and Rescission of Termination of the Designation of Nicaragua for Temporary Protected Status; Extension of the Temporary Protected Status Designation for Nicaragua,” Federal Register 88, No. 118 (June 21, 2023): 40294, available online; USCIS, “Extension and Redesignation of Haiti for Temporary Protected Status,” Federal Register 88, No. 17 (January 26, 2023): 5022, available online.