Legally yes. The issue goes back to the fact that the entire system is broken. If you are going to make some kind of explicitly legal exemption and *invite* people into the country, then the only reasonable, moral, (indeed, need we say "Christian"?), thing to do is give them a path to permanent residence/citizenship. But since the legislative process is broken and both the legislative and judicial branches have basically abdicated everything to the executive since neither for them have been able to produce sane function for 30 yrs, we get governance by executive fiat which is then subject to the whims of each administration because it has no permanent legal standing. Trump is a disgusting human being to whom no sane person would give custody of dog let alone the lives of 350 million people, but OTOH, what does a Democratic admin think is going to happen when they make policy by fiat themselves and leave hundreds of thousands of people's lives potentially in the hands of someone like Trump?