Congress opens work permits to Afghan refugees for three years
S. 5308 — Afghanistan TPS Act of 2026 · Filed by Christopher Coons (D-DE) · 3 cosponsors · Introduced Aug 6, 2026 · Referred to committee
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What it does
This bill designates Afghanistan as a country whose nationals are eligible for Temporary Protected Status (TPS) in the United States for three years (through July 1, 2029). Afghan nationals who have been continuously present in the U.S. since the bill's enactment, pass security and criminal background checks, and register through established procedures can obtain TPS, which grants work authorization and protection from deportation. The Department of Homeland Security must adjudicate applications within 90 days (extendable by up to 150 days for national security reasons), and eligible applicants can request fee waivers.
Why we flagged it
The bill's operative mechanism is a straightforward designation of Afghanistan under existing TPS law, enabling work authorization and deportation protection for Afghan nationals. This is humanitarian immigration policy, not a tax measure, regulatory carve-out, or commemorative provision.
What the text implies
- The 90-day adjudication timeline with national security extension authority creates potential for indefinite processing delays if DHS invokes security concerns; applicants may remain in legal limbo despite meeting stated criteria.
- Fee waiver eligibility is limited to those 'only eligible for such status by reason of subsection' — language that may exclude Afghan nationals who also qualify through other TPS designations or immigration pathways, creating a narrow carve-out.
The full analysis lists 4 implications of this text.
Who it affects
The bill provides humanitarian protection and work authorization to Afghan nationals already in the U.S., reducing deportation risk and enabling economic participation. The security vetting requirements and national security extension authority protect public safety while delivering concrete legal status and employment rights to a vulnerable population.