Afghan nationals currently in the United States are now eligible for Temporary Protected Status (TPS) for an initial eighteen months. Pursuant to this new designation, those Afghan nationals present in the U.S. as of March 15, 2022 are eligible to apply for TPS which includes protection from removal and eligibility for work authorization. Afghanistan is the latest country to be designated for TPS, following the Biden Administration adding the Ukraine earlier this month.
According to Administration Officials, TPS was authorized in response to continued violence related to “a collapsing public sector…and human rights abuses” that Afghan nationals continue to face at the hands of the Taliban. While the Biden Administration evacuated and resettled Afghan nationals in August of 2021, following the U.S. military withdrawal, some 70,000 Afghan evacuees, are present in the United States facing mounting legal uncertainty.
While many evacuees were relocated to the U.S. as part of the administration’s Operation Allies Welcome, this newly designated TPS status will open up legal pathways and protections for a larger swath of Afghan evacuees. Under the TPS designation, Afghans will now maintain certainty that they will not be returned to Afghanistan where Taliban rule has mired the country in ongoing economic struggles.
The statement makes clear that all applicants seeking TPS will also be subject to security and background checks, and those that attempt to enter after the institution of the policy will not qualify for this protected status. While this policy has been widely embraced by refugee advocates, many still continue to urge Congress to pass the Afghan Adjustment Act, which would grant current and future evacuees of Afghanistan a pathway to permanent residency and possible citizenship.
If you are an Afghan national who would like to apply for TPS, or needs assistance with an existing immigration matter, please contact Stephen Antwine, Esq. at Green & Spiegel, LLC at (215) 395-8959.
