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HR 9899

Afghanistan TPS Act of 2026

119th Congress Introduced by Don Bacon and 5 co-sponsors

The bill designates Afghanistan for Temporary Protected Status through July 1, 2029, expanding protections and streamlined processing for eligible Afghan nationals in the U.S.

Introduced in House
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WeVote Research Nonpartisan
Bill Summary · HR 9899

Summary of HR 9899 — Afghanistan TPS Act of 2026

Purpose and intent

  • Designates Afghanistan under section 244 of the Immigration and Nationality Act (INA) to make Afghan nationals eligible for Temporary Protected Status (TPS).
  • Establishes a defined designation period and sets procedures for refugee-adjacent relief processing, while allowing certain administrative flexibilities related to TPS adjudications and travel.

Key provisions and changes

  • Designation for TPS
    • Afghanistan is treated as if designated under INA section 244(b)(1), enabling Afghan nationals to apply for TPS.
  • Designation period
    • The initial TPS designation period runs from the enactment date of the bill through July 1, 2029.
  • Processing, adjudication, and work authorization
    • The Department of Homeland Security (DHS) must:
    • Receive and process TPS applications from Afghan nationals, including applications for employment authorization linked to TPS.
    • Complete adjudication of each application within 90 days of receipt, subject to potential extension.
    • Extension of adjudication timeline: The 90-day timeline may be extended by up to 150 days if DHS certifies, to the relevant congressional judiciary committees, that additional time is necessary for evaluating the applicant due to derogatory information and national security considerations.
  • Eligibility criteria for TPS eligibility
    • An Afghan national is deemed to meet the requirements of INA 244(c)(1) (subject to INA 244(c)(3)) if they:
    • Have been continuously physically present in the United States since enactment.
    • Are admissible as immigrants (with standard exceptions noted in INA 244(c)(2)(A) and related provisions), and not ineligible for TPS under INA 244(c)(2)(B).
    • Register for TPS in accordance with established procedures, including biometric/biographic data submission and completion of required criminal and national security background checks.
  • Travel and re-entry
    • DHS must grant travel authorization abroad for TPS recipients under INA 244(f)(3) when emergency/extenuating circumstances require brief, temporary trips abroad.
    • Re-entry after travel: Returning individuals are treated like other TPS recipients under INA 244.
  • Fee waivers
    • DHS shall allow fee waivers for TPS applications filed by individuals who qualify for TPS only due to designation under this bill (i.e., beneficiaries of subsection (a)).

Who is affected

  • Afghan nationals currently in the United States and meeting eligibility criteria would become eligible for TPS protection under the designated status.
  • Individuals seeking TPS-related employment authorization based on Afghan TPS designation.
  • TPS recipients and potential travelers (with travel approvals) under the new designation.
  • DHS, including U.S. Citizenship and Immigration Services (processing) and U.S. Immigration and Customs Enforcement/Customs and Border Protection in related enforcement/tacital contexts, due to the new designation and processing timelines.

Procedural and timeline aspects

  • Enactment date-based timing: Designation begins on the date of enactment and ends July 1, 2029, unless extended or renewed via separate action.
  • Processing timeline: Initial 90-day adjudication window for TPS-related applications, with potential extensions up to 150 days for security or derogatory information considerations, subject to congressional notification.
  • Travel provisions: Explicit authority for restricted travel abroad with clearance from DHS; returning individuals continue under TPS rules.
  • Fee relief: Possible waivers for applicants who are TPS-eligible solely due to this designation.

Practitioner takeaway

  • This bill creates a targeted TPS designation for Afghanistan, expanding temporary status protections for Afghan nationals in the U.S. for a defined period (through mid-2029), with streamlined processing timelines, travel considerations, and potential fee waivers. It emphasizes security-conscious adjudication and provides a mechanism for limited international travel for TPS recipients under controlled conditions.

Compiled from official sources — confirm details with the bill’s official record.

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