Here’s a straightforward thing the Biden administration could do without Congress to protect migrants

In the period between now and Inauguration Day, on January 20th, the Biden Administration could still give immigrants additional layers of protection before Trump takes office. One of the most obvious possibilities is to expand T.P.S. for Nicaraguans [and other migrants]… So far, however, the Administration appears unwilling to do so, just as it remains opposed to renewing parole for those who entered through Biden’s “pathways.” Trump almost certainly will revoke parole. Either way, the senior congressional staffer told me, “parole is a weak protection compared to T.P.S.”

When Trump tried to end T.P.S. for certain nationalities in his first term, federal courts blocked him on the grounds that he had a “predetermined presidential agenda” that betrayed a racial “animus.” According to a former Biden Administration official with knowledge of current talks, the State Department supports expanding T.P.S. for Nicaraguans, based on a straightforward analysis of what’s happening in the country, but Mayorkas, at D.H.S., is opposed. (A D.H.S. spokesperson said that this was false and that “no decision has been made.”) “Extending T.P.S. used to be one of the easiest things Democrats supported,” the senior congressional staffer told me. But the Administration’s approach is now constrained by anxieties that it might seem brash or opportunistic on its way out. “It’s becoming evident that they believe immigration was one of the main factors in the electoral defeat,” the staffer said. “They don’t want to take actions that would double down on what they believe is a failed political strategy.”