TPS Announced for Afghanistan

TPS was announced for Afghan nationals on Wednesday, March 16th

Last week, U.S. Department of Homeland ("DHS") Secretary Alejandro Mayorkas announced the designation of Afghanistan for Temporary Protected Status ("TPS") for an initial period of 18 months. The designation is designed to protect Afghan citizens already in the United States from the threat of removal to a country still recovering from decades of war and an ongoing armed conflict.

Afghanistan has been in more-or-less a state of war since the Soviet invasion in December 1974. The Soviet-Afghan War lasted until early 1989. The next decade was followed by intense fighting among various groups until the Taliban won control of Kabul and the majority of the country in 1996. The 2001 U.S. and NATO invasion of Afghanistan led to a U.S. military involvement that lasted until August 2021 when the last U.S. soldiers withdrew from the country.

The Taliban almost immediately reassumed control of Afghanistan leading to what Secretary Mayorkas described as a collapsing public sector, a worsening economic crisis, drought, food and water insecurity, lack of access to healthcare, internal displacement, human rights abuses from the Taliban, destruction of infrastructure, and increasing crime.

Prior to the TPS announcement, thousands of Afghan citizens had already been paroled into the United States via Operation Allies Welcome, a program designed to help Afghans who supported the U.S. military, diplomatic, and humanitarian missions in Afghanistan. Many parolees under the program would likely be eligible for asylum and there is also the Afghan Adjustment Act, a proposed bill awaiting congressional approval that would provide a pathway towards residency and naturalization for certain Afghan nationals.

TPS would likely provide Afghan nationals more stability while they wait on the processing of their asylum applications or the approval of the adjustment act.

In general, TPS is a tool employed by DHS to offer work authorization and protection from removal to countries where conditions in the country of origin prevent its citizens from returning safely or where the country is unable to absorb the return of its citizens. These conditions could include military conflicts, environmental disasters, or other conditions.

TPS is typically designated in 18-month periods of time that can be renewed at the DHS Secretary's discretion. Several countries are currently designated for TPS, including El Salvador, Venezuela, Ukraine, Somalia, Haiti, and others.

In the context of Afghanistan, applicants must meet the following requirements:

• Already residing in the U.S. as of March 15, 2022
• Have not been convicted of a felony or two or more misdemeanors committed in the U.S.
• Are not inadmissible under the criminal and security-related grounds
• Demonstrate they are not subject to the mandatory bars for asylum

Most of those already paroled into the U.S. will likely meet the residency requirements. This should also extend to Afghan nationals pursuing asylum or studying at U.S. universities. While the 18-month period will run through September 2023, there is always the possibility it could be extended beyond that. Even so, it is advisable for most to go ahead and pursue TPS during this initial registration period. 

The full announcement published by DHS can be accessed here.

Nathan R. Bogart is one of the founding partners of Bogart, Small + Associates. He leads the firm's immigration practice group and focuses his practice on immigration-related litigation, including removal defense before the immigration courts, appeals to the Board of Immigration Appeals and U.S. Circuit Courts of Appeal, and federal lawsuits against the agencies tasked with implementing or enforcing U.S. immigration laws.

Bogart Small, + Associates is an award-winning Northwest Arkansas-based law firm focused on representing individuals, families, and small businesses in all immigration matters, as well as criminal defense, family law, and compliance matters.