House Democrats Push for Afghanistan TPS Act Vote with Discharge Petition

House Democrats have filed a discharge petition to force a vote on the Afghanistan TPS Act of 2026. This legislative effort aims to reinstate Temporary Protected Status (TPS) for Afghan nationals in the United States. The petition, led by Representatives Jason Crow and Sam Liccardo, seeks to gather enough signatures to bypass the House Judiciary Committee, where the bill has been pending since its introduction in July 2026. As of November 9, 2026, the petition had secured 21 signatures, with 20 Democrats and one Republican, Rep. Don Bacon of Nebraska, signing on. A total of 218 signatures are needed for the petition to advance.

The Afghanistan TPS Act of 2026 proposes to restore TPS protections for Afghan nationals. TPS allows individuals from designated countries facing unsafe conditions to live and work legally in the U.S. for a temporary period. However, the specific eligibility criteria for individuals under this proposed act remain unclear in the available information. The bill must pass both the House and the Senate to become law and offer any protections.

Background of TPS for Afghan Nationals

The push for renewed TPS comes after the Trump administration formally ended Afghanistan’s TPS designation on May 12, 2025. At that time, then-Homeland Security Secretary Kristi Noem stated that conditions in Afghanistan had improved, justifying the return of TPS to its original temporary intent. Despite this, the Department of Homeland Security (DHS) had previously granted TPS to over 9,000 Afghans following the U.S. withdrawal. This number represents individuals who received the status, not necessarily the total count of those currently at risk of deportation.

How a Discharge Petition Works

A discharge petition is a procedural tool in the House of Representatives used to bring a bill to the floor for a vote without the approval of the committee to which it was referred. If the petition garners the required 218 signatures, it compels the House leadership to schedule a vote on the bill. This process bypasses potential roadblocks within committees, allowing legislation to be considered by the full chamber. Rep. Don Bacon’s support as both a signer and co-sponsor highlights bipartisan interest in the measure. Other Republican co-sponsors include Maria Elvira Salazar, Joe Wilson, and Morgan Luttrell, with Rep. Kevin Kiley also backing the bill.

Legislative Hurdles and Urgency

Even if the discharge petition successfully forces a House vote and the bill passes, it faces further challenges in the Senate. A separate version of the bill introduced in August was referred to a Senate committee, and its prospects are uncertain. Senate Republican Conference Chair Tom Cotton has previously opposed efforts to grant status to Afghan nationals who arrived during the Biden-era evacuation. The urgency for this legislation is heightened by impending removal plans. A DHS court filing indicated deportation flights scheduled for November 16, with a proposed route through Pakistan before reaching Afghanistan.

An earlier temporary court order that had blocked deportations to Afghanistan or Pakistan expired on November 7, 2026. This court action was separate from the proposed legislation and did not offer long-term protection. Some former TPS holders have faced difficulties in obtaining other forms of legal status, such as asylum or Special Immigrant Visas, due to backlogs and stringent requirements. Pakistan is reviewing the deportation plan, while the Taliban has expressed opposition.

The Path Forward for the Afghanistan TPS Act

The filing of the discharge petition signifies a critical step in the legislative process for the Afghanistan TPS Act of 2026. However, the petition itself does not grant any protections. The House Clerk’s records will track the petition’s progress as it seeks to gain support. If the petition reaches its signature threshold, it will initiate a vote process on the House floor. Should the bill pass the House, it will then need to navigate the legislative process in the Senate. Until Congress enacts new legislation, the proposed TPS protections remain unrealized for Afghan nationals.

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