A recent federal appeals court ruling has left thousands of Afghans living in the United States in a precarious situation, effectively allowing the Trump administration to terminate the Temporary Protected Status (TPS) program that has provided work permits and protection from deportation.
This humanitarian relief program offers legal status to individuals from certain countries who have fled armed conflicts or natural disasters.
Initially, TPS is granted for a period of 18 months with the possibility of extensions, but the recent decision by the administration threatens the status of approximately 8,000 Afghans as well as 7,900 Cameroonians currently benefiting from this protection.
Afghans were first granted TPS in 2022, following the Taliban’s return to power in Afghanistan in late 2021.
The Taliban enforces a stringent interpretation of Islamic law, severely restricting women’s rights, including preventing them from attending school or working outside their homes.
Although overthrown in 2001 by a U.S.-led invasion, the Taliban regained control in 2021 following the withdrawal of U.S. and NATO forces.
In 2023, the Department of Homeland Security (DHS) extended TPS for Afghans through 2025 due to ongoing armed conflict conditions in the country.
However, in May 2025, Secretary of Homeland Security Kristi Noem announced the termination of TPS for Afghans, claiming that the safety conditions for Afghan nationals abroad had improved and that repatriation to Afghanistan was now safe.
She stated, “We‚Äôve reviewed the conditions in Afghanistan with our interagency partners, and they do not meet the requirements for a TPS designation.
Afghanistan has had an improved security situation, and its stabilizing economy no longer prevent them from returning to their home country.”
This assertion raises serious concerns for most Afghans residing in the U.S., who are fearful of persecution should they return to Afghanistan.
Many of these individuals have ties to the previous government, have advocated for women’s rights, or have collaborated with U.S. military operations in Afghanistan.
As a migration policy expert, I posit that the cancellation of TPS for Afghan nationals is unlikely to result in voluntary returns to their homeland.
Instead, it may force many individuals into a status of unlawful residency in the U.S., escalating the risk of deportation while simultaneously hindering their employment opportunities.
This jeopardizes their ability to financially support families left behind in Afghanistan.
For Afghan TPS holders who lack any other pending legal status, such as asylum claims, the termination of TPS also entails the additional burden of losing their work authorization, as their employment authorization was contingent upon holding TPS.
This loss could effectively cut off financial stability for thousands of Afghans, according to the nonprofit organization Global Refuge.
In light of this, many Afghans are likely to pursue alternative legal avenues to remain in the U.S., primarily through the already overwhelmed asylum process.
As of the end of 2024, nearly 1.5 million asylum applications were pending with U.S. Citizenship and Immigration Services (USCIS).
Most applicants face an estimated wait time of up to six years for a decision on their claims.
While asylum applicants are permitted to remain in the U.S. during the pending application phase, they can only apply for work authorization after their application has been pending for at least 150 days.
However, the actual issuance of work authorization occurs only after a minimum of 180 days has elapsed since submitting the asylum application, leading to a significant period without legal work opportunities.
For Afghans applying for asylum after the TPS termination, this translates to at least six months without the ability to legally work, a timeframe that can extend even further depending on the complexity of their cases and the availability of legal representation.
Many Afghans arrive in the U.S. with very limited financial resources, having fled their homes abruptly and without the means to liquidate assets.
The scant cash or valuables they manage to carry often suffice only to ensure immediate safety.
The urgency of securing employment is further compounded by the fact that many Afghans support family members, including elderly parents and extended relatives, who remain in Afghanistan.
This makes access to stable employment not just a matter of personal survival, but a vital lifeline for those left behind.
Although TPS was never designed as a long-term solution, the implications of the recent ruling are far-reaching, especially since only around 8,000 Afghan nationals had TPS as their sole legal status in the U.S. at the time compared to the over 180,000 Afghans who have arrived since 2021.
The U.S. government’s postures regarding the safety of Afghanistan also raise concerns about how these statements may affect the adjudication process for Afghan asylum requests.
As the situation unfolds, advocates for Afghan nationals fear the ramifications of the decision on their legal status, economic stability, and safety.
image source from:theconversation