Democrats and Republicans want to extend TPS for Afghans

A bipartisan group of House lawmakers has introduced legislation that would extend Temporary Protected Status protections for eligible Afghan nationals in the United States, arguing that Afghans who supported the U.S. military efforts during the two-decade war should not be returned to Taliban-controlled Afghanistan.

The Afghanistan TPS Act was introduced by Representatives Jason Crow, a Colorado Democrat; Sam Liccardo, a California Democrat; Don Bacon, a Nebraska Republican; and María Elvira Salazar, a Florida Republican, according to a statement released by Crow’s office.

The bill faces an uncertain path in Congress. Republicans currently hold a narrow House majority, with 218 Republicans, 212 Democrats, one Independent, and four vacancies. Although the measure has bipartisan sponsors, any extension of TPS protections would need approval from the Republican-controlled House and Senate before reaching President Donald Trump’s desk.

TPS is a humanitarian program created by Congress in 1990 that allows nationals of designated countries experiencing armed conflict, environmental disasters, or other extraordinary conditions to temporarily remain and work in the United States. The program does not provide a pathway to permanent residency.

The legislation comes as the Trump administration continues efforts to end TPS protections for several nationalities, including Afghans. On June 25, the U.S. Supreme Court ruled 6-3 in Mullin v. Doe that the administration could proceed with terminating TPS protections for Haiti and Syria while legal challenges continue. The decision lifted lower-court orders that had temporarily blocked the terminations, with the court holding that federal law generally limits judicial review of Department of Homeland Security decisions to end TPS designations.

The administration has argued that TPS is intended to be temporary and that conditions in some countries no longer warrant continued protection, while immigrant advocates and affected migrants have challenged those determinations in court. Although the case concerned Haiti and Syria, the ruling is expected to influence other ongoing disputes over TPS terminations for additional countries.

Newsweek has contacted the White House and DHS for comment via email outside office hours and is awaiting a reply.

Bipartisan Push for Afghan TPS Protections

The bill would designate Afghanistan for TPS under the Immigration and Nationality Act, allowing eligible Afghan nationals already in the United States to apply for protection from deportation and work authorization. Under the legislation, the designation would remain in effect until July 1, 2029. The measure’s sponsors said the bill is intended to protect Afghans who could face danger if returned to Afghanistan.

To qualify, Afghan nationals would need to have been continuously physically present in the United States since the law’s enactment, submit biometric and biographic information, and complete criminal and national-security background checks. The bill would also require the Department of Homeland Security to generally process TPS and employment authorization applications within 90 days.

Representative Crow, a veteran who served in Afghanistan, said many Afghans supported U.S. forces and personnel during the two-decade war. Crow pointed to the importance of those partnerships, saying, “When I served in combat in Afghanistan, I fought alongside brave Afghans. Without their help, I may not be here today.”

“After more than 20 years of war, we promised we’d protect those who protected us. The U.S. must live up to that commitment,” Crow said in a press release July 23. “As many face violence and persecution in Afghanistan by the Taliban if they are sent back, our legislation would protect Afghans already here in the United States.”

USCIS says TPS protections for designated countries can be extended, redesignated, or terminated depending on government assessments of conditions in those nations.

Bacon said the legislation would provide temporary protections while maintaining security screening requirements.

“America should not turn its back on Afghan allies who risked everything to support our troops and our mission, especially after the disastrous withdrawal from Afghanistan,” Bacon said in a statement. “Many of these individuals were our allies who served bravely alongside American servicemembers, came here through lawful or humanitarian pathways, and are still going through the legal process here in the United States.

The Biden administration’s withdrawal from Afghanistan in August 2021 sparked backlash after the Afghan government collapsed and the Taliban rapidly seized control of the country. The evacuation effort culminated in a massive U.S.-led airlift from Kabul, where thousands of Afghans crowded the airport seeking to flee. The withdrawal also included a suicide bombing that killed 13 U.S. service members and roughly 170 Afghan civilians.

Supporters of the bill say conditions in Afghanistan remain unsafe following the Taliban’s return to power in August 2021, while critics have maintained the program has always intended to be temporary.

“Afghanistan remains under Taliban control, and thousands of Afghans who sought refuge in the United States cannot safely return. Among them are families who stood shoulder to shoulder with American soldiers, risked everything to support our country, and would face persecution if forced to return,” Salazar said in a press release.

The legislation has been endorsed by several refugee and veterans’ advocacy organizations, including AfghanEvac, No One Left Behind, Global Refuge, Iraq and Afghanistan Veterans of America, and Refugees International, according to Crow’s office.

Administration Defends TPS Terminations

The Trump administration has defended its efforts to end TPS protections. In a series of posts on X, DHS General Counsel James Percival said the administration had prevailed in Supreme Court cases involving TPS protections for Haiti and Syria and argued that some other TPS terminations remain delayed because of ongoing litigation in lower courts.

“We won two cases in the Supreme Court, Haiti and Syria,” Percival wrote, adding that the department expects to prevail in other TPS cases as well. He also encouraged migrants with expiring TPS designations to accept the administration’s voluntary departure program, which offers “$2,600 and a free flight home.”

The Supreme Court’s decision cleared the way for the Trump administration to move forward with efforts to end TPS protections for nationals from multiple countries, a policy shift that could affect more than 1 million people. Once an individual loses lawful immigration status, they may become subject to removal proceedings by federal immigration authorities.

There are growing concerns from immigrants, advocates, and humanitarian groups about conditions in countries including Afghanistan and Haiti, where many migrants say returning could pose significant risks.

Contact Newsweek editors on this story: Sam Stevenson and James Debens