The Department of Homeland Security (DHS) formally moved on May 12 to revoke a temporary immigration shield for Afghan nationals living in the United States, citing improved conditions in the country.
Barring a legal challenge, that means the agency will end the Temporary Protected Status (TPS) that was offered to Afghans under the Biden administration after the United States withdrew from Afghanistan in 2021 and the Taliban took over.
“We’ve reviewed the conditions in Afghanistan with our interagency partners, and they do not meet the requirements for a TPS designation.”
TPS can be implemented when a presidential administration confirms that it is not safe to deport people back to their country of origin because of civil unrest, natural disasters, or other conditions.
Noem added that Afghanistan’s security situation has improved and the economy is stabilizing, meaning it is “no longer” preventing Afghan nationals 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,” she said. “Reviewing TPS designations is a key part of restoring integrity in our immigration system.”
The TPS designation will expire on May 20, and the termination will go into effect starting July 12, the DHS said.
The May 12 decision formalizes an announcement from DHS in April to revoke the status for Afghans. Last week, an immigrant advocacy group, CASA Inc., filed a lawsuit against the DHS and the Trump administration over the decision to end the status for both Afghans and Cameroonians, arguing that the way in which the termination was handled is improper.
“Various news outlets reported that Secretary Noem had terminated both designations, based on an email to the media from Department of Homeland Security (DHS) Assistant Secretary Tricia McLaughlin,” the lawsuit stated.
“A TPS designation cannot be terminated in this manner. Instead, Congress established a strict process for terminating TPS designations, one that required Secretary Noem to publish notice of her decision in the Federal Register at least 60 days before the current designation period ends.”
However, with the DHS notice published in the Federal Register, the status of CASA’s lawsuit is not clear. The challenge was filed in the U.S. District Court for the District of Maryland on May 7, five days before DHS filed its notice in the Federal Register.
In a separate lawsuit, a federal judge last month paused Trump administration officials’ plans to suspend the TPS for 350,000 Venezuelans after Noem announced it would be revoked.
