US Homeland Security Department ends protected status for Afghans

Secretary of Homeland Security Kristi Noem on Monday announced the termination of Temporary Protected Status (TPS) for individuals from Afghanistan. Noem stated that the “conditions in Afghanistan” no longer warrant continuing the program, finding that it is “contrary to the national interest.”

Before a TPS designation for a country expires, the secretary is required to review the subject country’s conditions to determine whether such conditions warrant continuing the TPS designation and the duration for which it should be extended. This review is to be completed within 60 days of the current TPS expiry and in consultation with other appropriate federal agencies. Noting that this review has been completed, Noem stated:

This administration is returning TPS to its original temporary intent… We’ve reviewed the conditions in Afghanistan with our interagency partners, and they do not meet the requirements for a TPS designation. Afghanistan has had an improved security situation, and its stabilizing economy no longer prevent them from returning to their home country. Additionally, the termination furthers the national interest as DHS records indicate that there are recipients who have been under investigation for fraud and threatening our public safety and national security. Reviewing TPS designations is a key part of restoring integrity in our immigration system.

TPS for Afghans was originally introduced by then president Joe Biden in March 2022 to help the more than 70,000 Afghans who had entered the US as part of the government’s “Operation Allies Welcome,” after the Taliban’s takeover in August 2021. This TPS was to last 18 months and was intended to protect Afghans, including those who assisted US soldiers in Afghanistan, from returning to unsafe and hostile conditions.

TPS is granted to people from certain designated countries who enter the US illegally. It grants them legal protection to be in the US, but does not set them on the path to citizenship. President George HW Bush began the program to aid migrants from countries experiencing widespread humanitarian crises and delegated DHS with the authority to determine eligibility.

Afghans have now joined other refugee groups whose TPS is now in jeopardy under the Trump administration. In February, the Department of Homeland Security (DHS) ended TPS for half a million Haitians. This was followed by a termination of TPS for Venezuelans and other groups in March. A federal judge blocked this attempted termination in early April — a decision that was upheld by the US Court of Appeals for the Ninth Circuit later the same month. Simultaneously, a Massachusetts federal court had blocked this attempt the same month — this decision was also upheld by a different federal appellate court.

It is unclear how this latest action to end TPS for Afghans will progress through the courts, but it does appear that the Trump administration is looking to end TPS for most countries. The Biden administration had extended TPS for individuals from El Salvador, Ukraine, Venezuela, and Sudan in January, just before President Donald Trump’s inauguration. The Trump administration’s move against Venezuelans might indicate that it may also target individuals from the other three countries.

The decision to end TPS for Afghans has been met with swift criticism, including from veterans. President of #AfghanEvac, a nonprofit that helps Afghans resettle in America, Shawn VanDriver condemned the DHS claim that the conditions in Afghanistan did not meet the requirements to continue the TPS. VanDriver added:

The conditions on the ground haven’t improved—they’ve worsened…Afghans who were invited here, who built lives here, are now being told they don’t matter. It’s cruel, it’s chaotic, and it undermines everything America claimed to stand for when we promised not to leave our allies behind.

The TPS designation for Afghanistan expires next week, and the termination of TPS will be effective as of July 12, 2025.