By: Hector A. Chichoni, Esq.
On May 12, 2025, Secretary of Homeland Security Kristi announced the termination of Temporary Protected Status (TPS) for Afghanistan. The TPS designation for the country expires on May 20, 2025, and the termination will be effective on July 12, 2025. Moreover, the termination notice was published in the Federal Register today. This is a move that is sending shockwaves through immigrant communities and advocacy groups and has already been challenged in federal court.
As the dust settles, questions arise about the implications of this decision not only for TPS beneficiaries, but also for employers and HR personnel dealing work authorizations issued under TPS for Afghanistan.
Background of TPS for Afghanistan
TPS is a humanitarian program that allows nationals from designated countries to live and work in the U.S. when their home countries are deemed unsafe due to ongoing armed conflict, environmental disasters, or other extraordinary conditions. Former President Joe Biden designated Afghanistan for TPS following the Taliban’s takeover and the U.S. withdrawal from the country in 2021, which led to the evacuation of tens of thousands of Afghans to the U.S. TPS has provided a lifeline for many Afghans, offering them a semblance of stability amidst turmoil.
Implications of the Termination
The termination of TPS for Afghanistan carries significant implications for both the individuals affected and the broader community. DHS estimates that there are approximately 11,700 nationals of Afghanistan (and aliens having no nationality who last habitually resided in Afghanistan) who hold TPS under Afghanistan’s designation. The cancellation of TPS for Afghan nationals, however, who have obtained another immigration benefit apart from TPS, including parole, will retain that immigration benefit unless otherwise notified. Furthermore, DHS recognizes that certain Afghan nationals may have legitimate protection claims under the INA and reiterates that the statutory periodic review requires the consideration of whether conditions for a TPS designation continue to be met.
However, DHS is arguing that Afghanistan no longer continues to meet the conditions for the TPS designation, and TPS is not a substitute for seeking long-term, permanent protection in the United States. For the estimated 11,000 plus of Afghan nationals who have relied on TPS, the decision means facing potential deportation to a country still grappling with instability and violence. Many of these individuals have established lives in the U.S. contributing to their communities and economy.
So, the TPS designation for Afghanistan will expire on May 20, 2025, and the termination will be effective on July 12, 2025. All EADs issued under TPS Afghanistan will expire effectively July 12, 2025.
Conclusion
As the debate over the termination of TPS for Afghanistan continues, all employers should take immediate action to prevent the employment of individuals who are no longer authorized for employment after July 12, 2025. Employers, however, should carefully monitor for changes as this cancellation is likely to be challenged in federal court.
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