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S. 5308Senate119th Congress (2025-2027)In Committee

Afghanistan TPS Act of 2026

Sponsored by Christopher A. CoonsSen. Christopher A. Coons (D-DE)
Introduced August 6, 2026

AI-Generated Summary

Updated August 13, 2026 at 3:03 AM UTC

The Afghanistan TPS Act of 2026 would label Afghanistan as a country eligible for Temporary Protected Status (TPS) under the Immigration and Nationality Act. The designation would run from the law’s enactment until July 1, 2029, allowing Afghan nationals already in the United States to apply for TPS and related work authorization. The bill sets processing timelines, eligibility rules, and provides limited travel and fee‑waiver options for those granted TPS.

Key Provisions

  • Designates Afghanistan for TPS, effective immediately and lasting until July 1, 2029.
  • Requires the Secretary of Homeland Security to process TPS applications and employment authorizations within 90 days, with a possible 150‑day extension for national‑security reasons.
  • Eligibility requires continuous physical presence in the U.S. since enactment, admissibility as an immigrant (with certain exceptions), and completion of biometric, background, and security checks.
  • Allows TPS holders to obtain prior consent for brief emergency travel abroad and to return without loss of status.
  • Permits a waiver of filing fees for TPS applications by eligible Afghan nationals.

Legislative Activity

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary.

Judiciary Committee

August 6, 2026

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SenateIntro Referral

Introduced in Senate

August 6, 2026

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

Judiciary Committee

August 6, 2026

Bill Text

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Introduced in SenateIssued August 6, 2026

II

119th CONGRESS

2d Session

S. 5308

IN THE SENATE OF THE UNITED STATES

August 6, 2026

Mr. Coons (for himself, Ms. Murkowski, Ms. Klobuchar, and Mr. Cassidy) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To designate Afghanistan under section 244 of the Immigration and Nationality Act to permit nationals of Afghanistan to be eligible for temporary protected status under such section, and for other purposes.

1.

Short title

This Act may be cited as the Afghanistan TPS Act of 2026.

2.

Designation for purposes of granting temporary protected status

(a)

Designation

For purposes of section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), Afghanistan shall be treated as if it has been designated under subsection (b)(1) of that section.

(b)

Period of designation

The initial period of the designation referred to in subsection (a) shall be for the period beginning on the date of the enactment of this Act and ending on July 1, 2029.

(c)

Receipt, processing, and adjudication

(1)

In general

The Secretary of Homeland Security shall—

(A)

receive and process applications for temporary protected status, and applications for employment authorization in connection with such status, submitted by nationals of Afghanistan; and

(B)

not later than 90 days after the date on which such application is received, complete the adjudication of such application.

(2)

Extension

The Secretary of Homeland Security may extend, by not more than 150 days, the timeline for adjudication under paragraph (1)(B) with respect to an applicant, if the Secretary certifies to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate that, based on derogatory information specific to the applicant and in the interest of national security, additional time is necessary to evaluate the application.

(d)

Aliens eligible

As a result of the designation made under subsection (a), an alien who is a national of Afghanistan is deemed to satisfy the requirements under paragraph (1) of section 244(c) of the Immigration and Nationality Act (8 U.S.C. 1254a(c)), subject to paragraph (3) of such section, if the alien—

(1)

has been continuously physically present in the United States since the date of enactment of this Act;

(2)

is admissible as an immigrant, except as otherwise provided in paragraph (2)(A) of such section, and is not ineligible for temporary protected status under paragraph (2)(B) of such section; and

(3)

registers for temporary protected status consistent with established procedures, including—

(A)

submission of biometric and biographic data; and

(B)

completion of applicable criminal and national security background checks.

(e)

Consent To travel abroad

(1)

In general

The Secretary of Homeland Security shall give prior consent to travel abroad, in accordance with section 244(f)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(f)(3)), to an alien who is granted temporary protected status pursuant to the designation made under subsection (a) if the alien establishes to the satisfaction of the Secretary of Homeland Security that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad.

(2)

Treatment upon return

An alien returning to the United States in accordance with an authorization described in paragraph (1) shall be treated as any other returning alien provided temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a).

(f)

Waiver

The Secretary of Homeland Security shall permit aliens to apply for a waiver of any fees associated with filing an application for temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a) by a person who is only eligible for such a status by reason of subsection (a).