The U.S. Department of Homeland Security (DHS), under Secretary Kristi Noem, has announced the termination of Temporary Protected Status (TPS) for Afghan nationals residing in the United States. The notice of termination, recently published in the Federal Register, and effective July 14, 2025, follows a review of conditions in Afghanistan and aligns with the administration's broader immigration enforcement objectives.
What Is Temporary Protected Status (TPS)?
TPS is a humanitarian program that allows nationals from designated countries experiencing ongoing armed conflict, environmental disasters, or other extraordinary conditions to remain in the U.S. without fear of deportation. It also provides work authorization and, in some cases, the ability to travel.
Under the prior Biden administration, TPS for Afghans was first designated in March 2022 in response to the Taliban takeover, U.S. withdrawal, and resulting humanitarian crisis, allowing eligible Afghans to remain and work in the U.S. temporarily. The status was extended and redesignated in September 2023, with protection granted through May 20, 2025, due to ongoing armed conflict, economic collapse, and human rights concerns. To qualify, individuals must have continuously resided in the U.S. since September 20, 2023, and met security and background requirements. TPS does not provide a path to permanent residency but offers critical relief for those affected by instability in Afghanistan.
TPS Termination Decision
Secretary of Homeland Security Kristi Noem announced that Afghanistan no longer meets the statutory conditions for TPS designation. The decision reflects a reassessment of the current security, economic, humanitarian, and tourism climate in Afghanistan. The Federal Register cites a decrease in armed conflict between the Taliban and ISIS, a slight reduction in reported humanitarian needs for Afghans, a 2.7% increase in GDP, growing tourism rates, and that permitting Afghan nationals to remain in the U.S. on TPS is contrary to the national interest.
Refugee and human rights organizations argue that the country remains exceptionally unstable and unsafe, including for Afghans who previously worked with international organizations or U.S. forces during its two decades of presence in the country. The United Nations High Commissioner for Refugees states that the humanitarian crisis in Afghanistan is worsening. A 2023 report from the State Department cites ongoing, widespread gender-based violence, substantial deterioration in women's rights, crackdowns on religious minorities, LGBTQ Afghans, activists, and recruitment of child soldiers by the Taliban and ISIS.
Legal Challenge: CASA, Inc. v. Noem
In response to the TPS termination, CASA, Inc. a nonprofit organization representing immigrant communities filed a lawsuit against Secretary Kristi Noem and the U.S. Department of Homeland Security (DHS). The lawsuit, filed on February 20, 2025, in the U.S. District Court for the District of Maryland, challenges the legality of the TPS termination.
The plaintiffs argue that the termination violates the Administrative Procedure Act (APA) and the Due Process Clause of the Fifth Amendment. They contend that the decision was made without proper legal procedures and with discriminatory intent, affecting Afghan nationals who face potential harm upon return to Afghanistan. The suit seeks that TPS designation for Afghanistan be extended at least until November 20, 2025.
The case is ongoing, and the court has yet to issue a ruling on the matter.
Broader Context
The termination of TPS for Afghanistan is part of a wider immigration enforcement agenda under the Trump administration's second term. Other humanitarian protections, including TPS for Cuba, Haiti, Nicaragua, Venezuela, and Ukraine and programs like humanitarian parole, have also come under scrutiny or termination. Advocacy organizations have criticized the decisions, citing ongoing risks faced by TPS recipients, including Afghans, especially those connected to U.S. operations or civil society work.
Impact on Employers
As of now, employers of Afghan employees who have been authorized to work under TPS should be mindful that these employees' EADs auto-extended only through July 14, 2025. After this date, the Afghan employees must obtain another legal status and basis for work authorization. Employers must be aware that continuing to employ individuals without valid work authorization may violate federal immigration law. For employees who are able to secure alternate forms of work authorization, employers must update Form I-9 documentation to reflect changes in status.
Companies may consult with legal counsel to develop risk mitigation strategies, communicate changes to affected employees, and ensure all employment practices remain in compliance with immigration regulations.
The termination of TPS for Afghans represents a critical moment for thousands of individuals and their families, communities, and employers. While the policy reflects the administration's narrower approach to humanitarian immigration, it creates uncertainty for workers and operational challenges for businesses. Legal guidance and proactive planning will be essential as the TPS termination deadline approaches.
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