Afghans in US lose protections against deportation

Termination of Temporary Protection Status affects thousands of people

Protesters walk in front of the US Capitol in Washington flying Afghan and US flags. Joshua Longmore / The National

The US ended Temporary Protected Status for Afghanistan on Monday, with officials assessing that the country is safe enough for Afghans to return to.

The Department of Homeland Security made the announcement in mid-May, with the termination taking effect on July 14.

The department said at the time that “conditions in Afghanistan no longer meet the statutory requirements” for TPS, which provides protection from deportation as well as the ability to work in the US to citizens of countries experiencing conflict or other crises.

TPS for Afghanistan was granted in 2022. The US withdrew its last troops from the country in August 2021, after the Taliban had seized control across Afghanistan and the US-backed security forces collapsed. The ignominious end to America's longest war continues to drive bitter debate in Washington.

Hundreds of people gather near a US Air Force C-17 transport plane at Kabul airport in Afghanistan, during the US withdrawal in August 2021. AP

Amid the chaotic withdrawal, Afghans who had worked with the US military fled the country out of fear of reprisals. Others, including soldiers, civil society leaders and former government employees, also left, flooding into neighbouring countries or making their way to the West.

It is estimated that as many as 11,700 Afghans have received TPS, though this can be held concurrently with another status that would allow a person to remain in the US.

Laila Ayub, co-founder of the Afghan community immigration justice organisation Project Anar, said the revocation of TPS leaves thousands of people in limbo. She said that taking away authorisation to work makes it more difficult for Afghans to have a sense of stability.

“Many people need that to have housing or, of course, to be able to work, but it'll impact many other things in their life very immediately as well, and it's taking away that protection that all these things really add up,” she told The National.

Ms Ayub, whose community immigration justice organisation was formed and led by Afghan-American women, highlighted the contradiction that the US sees Afghanistan as stable enough for citizens to return, but also includes the country on its travel ban list.

Last month, people from Afghanistan, and 11 other nations, were banned from entering the US after it was flagged as high risk because of the level of extremist activity there.

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“Their justification for including all of the countries [in the travel ban] is that that country's government can't meet US standards for security and vetting and all these things,” Ms Ayub said. “But the impact is clear that all of it is making it harder for people here and for people pursuing pathways to the US.”

Shawn VanDiver, president of AfghanEvac, echoed that fear, saying it was a “really scary time for veterans, for our allies”.

“We hope to not see a bunch of Afghans being deported, but it seems like that's the path that we're on,” Mr VanDiver, whose organisation works to protect people who worked with US soldiers during the war.

“It seems like the truth is that the US government policy with regard to Afghanistan and relocations is still under review, but all of the indications are that they're trying to shut it all down.”