Termination of the Designation of Afghanistan for Temporary Protected Status

Official DHS Portrait

Here is the proposed ” Termination of the Designation of Afghanistan for Temporary Protected Status.”  The Department of Homeland Security press release with the proposal reads as follows:

“Secretary of Homeland Security Kristi Noem today announced the termination of Temporary Protected Status for Afghanistan. The TPS designation for the country expires on May 20, 2025, and the termination will be effective on July 12, 2025.

At least 60 days before a TPS designation expires, the Secretary, after consultation with appropriate U.S. government agencies, is required to review the conditions in a country designated for TPS to determine whether the conditions supporting the designation continue to be met, and if so, how long to extend the designation.

“This administration is returning TPS to its original temporary intent,” said Secretary Kristi Noem. “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.”

After consultation with interagency partners, Secretary Noem determined that conditions in Afghanistan no longer meet the statutory requirements. The Secretary’s decision was based on a U.S. Citizenship and Immigration Services review of the country conditions and in consultation with the Department of State. The Secretary determined that, overall, there are notable improvements in the security and economic situation such that requiring the return of Afghan nationals to Afghanistan does not pose a threat to their personal safety due to ongoing-armed conflict or extraordinary and temporary conditions. She further determined that permitting Afghan nationals to remain temporarily in the United States is contrary to the national interest of the United States.”   (emphasis in original).

Bloomberg Law reports that the Trump administration had been planning to TPS for nearly 12,000 Afghans in the US.  “The Trump administration was sued over the termination, which was originally reported last month, even before announcing the move. A lawsuit filed last week in the US District Court for the District of Maryland claimed that reported removals of TPS protections for Afghans and Cameroonians violated the Administrative Procedure Act and equal protection under the Fifth Amendment.