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Alerts and Updates

Homeland Security Announces Temporary Protected Status for Afghan Citizens

March 17, 2022

Homeland Security Announces Temporary Protected Status for Afghan Citizens

March 17, 2022

Read below

TPS is being granted on the basis of ongoing armed conflict and extraordinary and temporary conditions. 

On March 16, 2022, the U.S. Department of Homeland Security (DHS) announced the designation of Afghanistan for Temporary Protected Status (TPS) for a period of 18 months. Eligibility to apply for TPS will extend to citizens of Afghanistan who are residing in the U.S. as of March 15, 2022.

This designation was announced by DHS Secretary Alejandro N. Mayorkas, who indicated:

Under this designation, TPS will also provide additional protections and assurances to trusted partners and vulnerable Afghans who supported the U.S. military, diplomatic, and humanitarian missions in Afghanistan over the last 20 years.

Mayorkas also indicated that Afghan nationals who were paroled into the U.S. as part of Operation Allies Welcome may also be eligible to apply for TPS.

TPS is being granted on the basis of ongoing armed conflict and extraordinary and temporary conditions. At this time, TPS is being granted for Afghan nationals because they cannot safely return to their home country. Examples of extraordinary and temporary conditions include a collapsing public sector, a worsening economic crisis, drought, food and water insecurity, lack of access to healthcare, internal displacement, human rights abuses and repression by the Taliban, destruction of infrastructure and increasing criminality.

Applicants must meet all other requirements to be granted TPS, including undergoing security and background checks. Those who attempt to travel to the United States after March 15, 2022, will not be eligible for TPS. The 18-month designation of TPS for Afghanistan will go into effect on the publication date of the forthcoming Federal Register notice, which will also provide instructions for applying for TPS and an Employment Authorization Document.

For More Information

If you have any questions about this Alert, please contact any of the attorneys in our Immigration Law Group, any of the attorneys in our Employment, Labor, Benefits and Immigration Practice Group or the attorney in the firm with whom you are regularly in contact.

Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.