Afghan TPS Act of 2026: A Path Forward for Afghan Nationals

The Trump administration’s decision to end Temporary Protected Status (TPS) for Afghan nationals in July 2025 left over 8,000 individuals without protection from deportation. This action, stemming from a termination notice issued by the Department of Homeland Security (DHS) in May 2025, has placed many Afghans at risk. While a bill currently before Congress aims to restore this protection, its enactment is not guaranteed. The proposed legislation seeks to offer temporary status through July 1, 2029, contingent upon eligibility checks and security screenings. This situation significantly impacts Afghans who arrived in the United States during the withdrawal from Afghanistan, many of whom have expired humanitarian parole or have pending applications for asylum and permanent residency.

Background of Afghanistan’s TPS Designation

Afghanistan was initially designated for TPS by the Biden administration in 2022. This designation was later extended and redesignated, establishing a period from November 21, 2023, through May 20, 2025. However, DHS published its termination notice on May 13, 2025, stating that Afghanistan no longer met the conditions for the designation. Then-Homeland Security Secretary Kristi Noem cited improvements in Afghanistan’s security and economy as reasons for the decision, emphasizing a return to TPS’s original temporary intent. TPS, established by Congress in 1990, allows eligible individuals from designated countries to live and work in the U.S. for up to 18 months, with possible extensions. The termination removed this specific protection for Afghans covered by the designation.

Challenges Faced by Afghan Evacuees

Many Afghans who arrived in the U.S. during the withdrawal face significant immigration challenges. A substantial number entered the country on humanitarian parole, which has since expired for many. These individuals often find themselves in a precarious position, with applications for asylum and permanent residency facing lengthy backlogs. The Special Immigrant Visa (SIV) route, intended for those who assisted U.S. military members, also presents its own set of complexities and delays. Shawn VanDiver, founder of AfghanEvac, highlighted that applications for permanent residency, asylum, and work authorization have remained pending for months, leaving many in limbo.

Legal Protections and Court Orders

While the broad TPS designation has ended, some Afghans may still have protections through specific court orders. A federal judge’s temporary block on deporting detained Afghans to Afghanistan or Pakistan expired in early November 2026, having covered removals through November 7. A separate court order protects five named plaintiffs in a lawsuit, requiring advance notice before any removal attempts. This order, however, does not extend to all Afghans facing removal. In a November 6 ruling, a federal judge in New York extended protection for a specifically identified group of plaintiffs while their case proceeds. This order bars removal to Afghanistan, Pakistan, or another third country and mandates that the government provide at least one week’s notice before a planned removal. It is important to note that these rulings do not automatically cover all Afghans in the United States. The Supreme Court has also previously ruled that courts have limited power to review TPS suspensions affecting individuals from various countries.

Proposed Legislation: The Afghanistan TPS Act of 2026

A bill, H.R. 9899, known as the Afghanistan TPS Act of 2026, has been introduced to address the situation. This proposed legislation would grant eligible Afghans TPS until July 1, 2029. To qualify, applicants would need to meet existing TPS eligibility requirements and successfully pass screening processes. These screenings would include biometric, biographic, and national-security checks. DHS would then have 90 days to make a decision on each application after the required checks are completed. However, the bill does not include a pathway to citizenship for recipients. These provisions are part of the proposed bill and do not offer current protections; Afghans can only receive status under this bill if Congress enacts it into law.

The Legislative Path Forward

Bringing the Afghanistan TPS Act of 2026 to a vote in the House of Representatives requires a discharge petition with 218 signatures. Democratic Representatives Jason Crow and Sam Liccardo filed this petition on November 9, 2026, to move the bill forward. The measure was initially introduced in July 2026, with the signature process beginning on October 1. The petition garnered 21 signatures on its first day, comprising 20 Democrats and one Republican, Don Bacon. If the petition reaches the 218-signature threshold, House leadership would be required to bring forward a procedural resolution for consideration, followed by a vote by a House majority. Several Republican representatives, including Bacon, Maria Elvira Salazar, Joe Wilson, and Morgan Luttrell, are co-sponsors, alongside Independent Representative Kevin Kiley. Over 50 organizations, such as Iraq and Afghanistan Veterans of America and Amnesty International USA, also support the bill. A Senate version of the bill was introduced in August and has been referred to committee. However, past efforts to provide status to Afghans who entered during the Biden-era evacuation have faced opposition. For instance, a Haitian TPS bill passed the House in April 2026 after a discharge petition but was blocked in the Senate, and the White House had indicated a potential veto.

Advocacy Efforts by Veterans and Afghan Allies

Veterans and Afghan allies are actively pressing lawmakers to support the Afghanistan TPS Act. On November 11, 2026, AfghanEvac organized a Veterans Day promise walk to Capitol Hill, with over 150 veterans, frontline civilians, and Afghan allies participating. Navy veteran Shawn VanDiver emphasized the United States’ commitment to Afghans who aided its forces, stating, “We’re nothing without our word.” Army veteran Jason Crow, who served in Iraq and Afghanistan, described protecting Afghan partners as both a moral and national-security imperative. Representative Sam Liccardo warned that deporting allies could lead to their return to Taliban forces, urging immediate action. Currently, no action can be taken under the proposed bill as it awaits congressional approval. The situation remains dynamic, with potential removal operations and legislative developments on the horizon.

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