S. 5308

119 S5308 IS: Afghanistan TPS Act of 2026
 U.S. Senate
 2026-08-06
 text/xml
 EN
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 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).