DHS ending Temporary Protected Status for Afghanistan

Constangy, Brooks, Smith & Prophete, LLP
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The U.S. Department of Homeland Security has previously indicated its intent to terminate Temporary Protected Status for Afghanistan, and yesterday they took the first official step toward carrying it out.

Temporary Protected Status for Afghan nationals will end effective July 14, and employment authorizations will be automatically extended through that date. The following is acceptable proof for continued employment authorization for I-9 purposes:

  • Employment Authorization Documents with a A-12 or C-19 category.
  • A card expiration date of November 20, 2023, or May 20, 2025.

The termination is expected to affect approximately 12,000 individuals in the United States.

Please note that the U.S. Citizenship and Immigration Services says that TPS status will expire on July 12. However, the official notice says July 14, and we believe the official notice linked above would control.

A lawsuit regarding the termination was filed last week in federal court in Maryland seeking to block the termination from taking effect. We will keep you posted about this outcome of this litigation.

However, as things stand now, if affected individuals cannot present valid I-9 documentation when the automatic extension expires on July 14, their employment will have to be terminated.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Constangy, Brooks, Smith & Prophete, LLP

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