...But during the pandemic, perhaps even countries not mentioned in the advocates’ letter could be designated for TPS—a TPS for all. According to Kassa, after Trump’s aggressive anti-immigrant policy, there are no red lines or third rails anymore. “So I think we have to be just as aggressive on our side,” he continued. “When we hold off, we end up defending a broken system and the status quo instead of speaking about what our values are.”

It is true that this tool echoes the Trump administration’s refusal to wait for Congress. Trump exercised vast and vicious authority over the immigration system. Without a legislative solution, another administration could undo any TPS designation Biden applies. “If the Democrats lose in 2024, what’s to stop the incoming Republican president from stopping TPS in every country and throwing everyone into immigration detention centers,” said Angelo Guisado, a staff attorney at the Center for Constitutional Rights. Instead, Guisado recommends expanding the refugee program—higher than the 100,000 cap Biden has promised—and ending America’s pattern of destabilizing interference. “People would not be fleeing Honduras if their democratically elected leader was able to implement the reforms that they would want to,” he noted. ...

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