Rep. Jason Crow (D-Colo.), an Afghanistan war veteran, is filing a discharge petition Monday evening to compel a House vote on legislation that would reinstate Temporary Protected Status for Afghan nationals. The move comes as the Trump administration has signaled it could begin deportation flights as soon as mid-November, sending Afghans to Pakistan before ultimately returning them to Afghanistan.
“Our Afghan partners put their lives on the line to help protect American servicemembers like me,” Crow said in a statement. “After more than two decades of war, we made a promise that we’d look after them. It’s both a moral and national security imperative that we keep that promise.” He added that he is “working to force a vote that will protect Afghans already in the United States because I won’t let our nation leave these brave Afghans behind.”
The Department of Homeland Security ended TPS for Afghanistan earlier this year, putting slightly more than 8,000 Afghans at risk of removal. The Supreme Court over the summer ruled that courts have limited authority to review TPS suspensions, clearing the way for protections to be stripped for citizens of 13 countries. Afghans are particularly vulnerable: many arrived during the chaotic 2021 withdrawal, and some have struggled to secure alternative status, either due to the asylum backlog or the stringent requirements of the Special Immigrant Visa program for those who assisted U.S. forces.
Deporting these individuals could deliver U.S. allies into the hands of the Taliban, which has a history of retribution against those who worked with American troops. Women are among those in immigration custody facing removal. Court challenges have won temporary delays, but in one filing DHS said it intends to proceed with flights scheduled for Nov. 16.
The plan faces additional obstacles. Pakistan says it is still reviewing the proposal, and the Taliban has voiced opposition. “The Islamic Emirate of Afghanistan expresses its serious concern over reports that the United States intends to deport some Afghan refugees to Pakistan who have not yet been able to obtain legal residency documents in that country,” foreign ministry spokesperson Abdul Qahar Balkhi told EuroNews.
Shawn VanDiver, president of #AfghanEvac, seized on that unusual alignment. “When even the Taliban say they have ‘serious concern’ about your deportation plan, it is time to stop and ask what you are doing,” he said. “Pakistan and the Taliban are at each other’s throats, the border between them is nearly shut, and this administration wants to drop the families of America’s allies in the middle of it. That is not immigration enforcement. It is abandonment with a boarding pass. These families stood with our troops. Stop the flight.”
U.S. Immigration and Customs Enforcement declined to comment on the pending operation. “ICE does not comment on prospective removal operations, including flight schedules, passenger manifests, destinations, or individual case details,” the agency said. “For operational security reasons and the safety of our officers, we would not confirm future removal operations.”
Crow’s discharge petition has bipartisan backing, with Reps. Don Bacon (R-Neb.) and Maria Elvira Salazar (R-Fla.) among the co-sponsors. Salazar recently released a campaign video arguing that Trump had gone too far on immigration. To force a floor vote, Crow must secure 218 signatures, meaning he needs to win over at least four GOP members. Such a maneuver is not unprecedented: earlier this year, the House passed a bill restoring TPS for Haiti after a similar discharge petition. But that bill has stalled in the Senate, where Republican leaders have not brought it up. Senate Republican Conference Chair Tom Cotton (R-Ark.) has been a vocal critic of granting status to Afghans who entered during the Biden evacuation.
Waiting for Democrats to take both chambers next year carries its own risks. A bill must be pending for a set period before a discharge petition can be filed, and it remains unclear whether or when the administration might execute the flights.
“This is about America keeping our word. Thousands of Afghans risked their lives alongside American troops because our country made them a promise: We would not abandon them. Now, we risk sending them back into the hands of the very Taliban forces they helped us fight,” said Rep. Sam Liccardo (D-Calif.), a co-sponsor of the measure. “This cannot wait until the Democratic majority takes over—we need to reinstate Temporary Protected Status immediately and keep our friends safe.”
