On May 13, 2025, Secretary of Homeland Security Kristin Noem announced the termination of Temporary Protected Status (TPS) for Afghanistan. The TPS designation for Afghanistan is set to expire on May 20, 2025, and the termination will take effect July 14, 2025.
What Is TPS – And How Does It Work?
TPS is a form of humanitarian protection the U.S. government provides to nationals of certain countries experiencing ongoing armed conflict, environmental disasters, or other extraordinary and temporary conditions that prevent safe return.
During the TPS period, the beneficiaries:
- are eligible to remain in the United States;
- cannot be removed from the United States;
- are authorized to work, provided they continue to meet TPS requirements;
- may apply for and be granted travel authorization at the discretion of Homeland Security (DHS)
TPS does not lead to or confer lawful permanent resident status or any other immigration status.
The Immigration and Nationality Act authorizes the DHS secretary to designate a foreign state for TPS if certain conditions exist. In making such a designation, the secretary considers:
- whether returning nationals would face serious threats to their personal safety due to armed conflict;
- whether there are extraordinary and temporary conditions that prevent safe return; and
- whether permitting aliens to remain temporarily in the United States is contrary to the national interest of the United States.
The secretary’s determination is discretionary and not subject to judicial review.
Why Was TPS for Afghanistan Terminated?
Afghanistan was initially designated for TPS on May 20, 2022, due to ongoing armed conflict and extraordinary temporary conditions. On Sept. 25, 2023, DHS extended and redesignated Afghanistan for an additional 18 months, beginning on Nov. 21, 2023, until May 20, 2025.
Secretary Noem stated that after reviewing the current conditions in Afghanistan, including significant improvements in security and economic stability, the situation no longer meets the statutory criteria for TPS. DHS concluded that returning Afghan nationals no longer poses a serious threat to their safety, and allowing Afghan nationals to remain temporarily in the United States is not aligned with the national interest.
What Is the Potential Impact of the Termination?
Once a country’s TPS designation is terminated, beneficiaries revert to the same immigration status or category that they maintained before TPS (if still valid), or any other lawfully obtained immigration status or category they acquired while under TPS. Afghan nationals will be required to depart the United States by the termination date unless they obtain another form of lawful immigration status. They must also report their timely departure to the U.S. Customs and Border Protection.