Temporary Protected Status designation

Summary#

This bill designates Afghanistan for Temporary Protected Status (TPS). That would let eligible Afghan nationals already in the United States apply for TPS and for work authorization. The stated policy goal is to protect Afghans in the U.S. from being returned to conditions in their home country for a limited time.

• Main change: Treats Afghanistan as a country designated for TPS from the date the bill becomes law until July 1, 2029.
• Who can apply: Afghan nationals who have been continuously physically present in the U.S. since the bill’s enactment and who meet admissibility and other TPS rules.
• Processing deadlines: DHS must adjudicate TPS and related work-authorization applications within 90 days, with a possible 150-day extension for cases with derogatory information and national security concerns (the Secretary must certify the need to two Judiciary committees).
• Other provisions: Applicants must provide biometric and biographic data and complete criminal and national security checks. DHS must allow fee waivers for people who are only eligible because of this designation. DHS must give prior consent for brief emergency travel abroad and treat returning TPS holders like other TPS returnees.

What it means for you#

• Afghan nationals in the U.S.:

  • If you are a national of Afghanistan and have been physically present in the U.S. continuously since the bill’s enactment, you would be able to apply for TPS and for an employment authorization document (work permit).
  • You must register, give fingerprints and personal information, and pass criminal and national security background checks.
  • You may apply for a waiver of application fees if you qualify only because of this Afghanistan designation.
  • You can ask DHS for permission to take a brief emergency trip abroad; if authorized, you are treated the same as other TPS holders when you return.

• Employers:

  • Employers may be able to hire newly authorized workers who receive TPS and employment authorization. Employers must still verify work authorization as they do now.

• Department of Homeland Security (DHS) and government agencies:

  • DHS must receive, process, and decide TPS and work-authorization applications within 90 days, except where a certified national-security delay applies. DHS must run background checks and collect biometrics.

• Immigration lawyers and service providers:

  • May help clients apply and prepare biometric and background-check materials. The 90-day target could create tight timelines.

Expenses#

No publicly available information.

• This designation would likely increase DHS workload for intake, background checks, biometrics, and adjudications. That could mean higher administrative costs for staff, systems, and processing.
• Allowing fee waivers could reduce fee revenue that would otherwise offset some processing costs.
• If many people apply, there could be additional costs for hiring staff or technology to meet the 90-day adjudication goal and to handle any 150-day national-security reviews.

Proponents' View#

• The bill appears intended to give temporary legal protection and work authorization to Afghan nationals in the U.S. who cannot safely return to Afghanistan.
• It could provide a clear, time-limited path to safety and employment for eligible Afghans.
• The 90-day adjudication target is likely meant to speed decisions and reduce uncertainty for applicants.
• The fee-waiver provision could help low-income applicants who otherwise could not afford application fees.

Opponents' View#

• One concern is administrative capacity: meeting a 90-day decision deadline for possibly large numbers of applicants could strain DHS resources.
• The bill does not provide a fiscal estimate; it is unclear how the government would fund the extra processing and background checks.
• The fee-waiver policy may reduce fee income that helps cover immigration-processing costs.
• The eligibility rule requiring continuous physical presence from the date of enactment excludes Afghans who arrive in the U.S. after that date; this cutoff could leave out some people who might claim similar need.
• The law permits a 150-day extension for national-security concerns on a per-applicant basis after notification to two congressional committees; it is unclear how often that extension would be used and how it would affect timelines for applicants.

What is unclear: The bill text does not say how many people are expected to apply, how fee waivers will be decided in practice, or what funding (if any) Congress would provide to cover increased DHS costs.