WASHINGTON – U.S. Senator Angus King and a number of his Senate colleagues are pressing the White House for clarity on their shifting immigration policies for Afghans living in the United States. In a letter to Secretary of State Marco Rubio, King and his colleagues point out that the justifications for the decisions to implement a large-scale travel ban, which applies to Afghanistan, and terminate Temporary Protected Status, conflict with one another. Many of these Afghan nationals played essential, life-saving roles in supporting American servicemembers during the war in Afghanistan over two decades.

Afghanistan remains gripped by violence and instability; the Islamic State Khorasan Province (ISKP), the Afghan affiliate of the Islamic State (ISIS), continues to launch attacks against ethnic and religious minorities and against the Taliban, leading to innocent civilian casualties. If Afghan nationals are forced to return to Afghanistan, many risk being caught in the crossfire between the Taliban and ISKP, threatening their human rights and freedoms. These risks are on top of retribution risks for Afghan nationals that supported American armed forces.

“We write to you with deep concern over President Donald Trump’s recently announced so-called travel ban and its striking inconsistency with the Department of Homeland Security’s justification for termination of Temporary Protected Status (TPS) for Afghanistan. We respectfully request that you provide detailed information regarding the State Department’s assessment of the conditions in Afghanistan to clarify the Trump Administration’s position,” the lawmakers wrote.

“As you know, the U.S. visa vetting system is a multi-layered process involving extensive background checks, biometric data collection, interagency information sharing, and screening against a range of national security databases that works to keep residents of our country safe,” the lawmakers continued. “According to the Brennan Center for Justice, “[m]ore than 40 national security experts from across the political spectrum have unequivocally told courts that travelers to the U.S. should not be vetted on religious or national stereotypes, but rather on specific threat information.”

Highlighting the inconsistencies between the reasoning for including Afghanistan in the travel ban and ending the country’s TPS designation, they wrote, “This [travel ban] determination appears to be at odds with the Trump Administration’s stated position just weeks ago. May 12, 2025, Secretary of the Department of Homeland Security (DHS) Kristi Noem announced that DHS was ending TPS for Afghanistan. The basis offered in the Federal Register notice for this decision was ‘notable improvements in the security and economic situation such that requiring the return of Afghan nationals to Afghanistan does not pose a threat to their personal safety due to armed conflict or extraordinary and temporary conditions.’

“As you are aware, many Afghan allies that received TPS stood shoulder to shoulder with American servicemembers for nearly two decades during the war in Afghanistan. Many fled to the United States out of fear of persecution by the Taliban or retaliation for such cooperation with the United States. It is unsafe for political targets of the Taliban to be forced to return against their will. TPS protections must be maintained for Afghan nationals in the United States,” the lawmakers concluded.

In addition to King, the letter was signed by Senators Chris Van Hollen (D-MD), Amy Klobuchar (D-MN), Michael Bennet (D-CO), Richard Blumenthal (D-CT), Chris Coons (D-DE), Catherine Cortez Masto (D-NV), Tammy Duckworth (D-IL), Dick Durbin (D-IL), Martin Heinrich (D-NM), Mazie Hirono (D-HI), Tim Kaine (D-VA), Ed Markey (D-MA), Patty Murray (D-WA), Alex Padilla (D-CA), Gary Peters (D-MI), Jack Reed (D-RI), Jacky Rosen (D-NV), Bernie Sanders (I-VT), Adam Schiff (D-CA), Tina Smith (D-MN), Mark Warner (D-VA), Raphael Warnock (D-GA), and Peter Welch (D-VT).

Senator King has long supported the Special Immigrant Visa (SIV) program for America’s Afghan allies who assisted the U.S. government during the war in Afghanistan – having written that the policy likely saved Afghans from “a death sentence” in Defense News. Most recently, he signed a letter to Homeland Security Secretary Kristi Noem and Secretary of State Marco Rubio requesting answers on the cancellation of Temporary Protected Status (TPS) for those who served alongside America’s military. King had also cosponsored the Afghan Allies Protection Act to increase the number of authorized visas for Afghan civilians who risked their lives to support the U.S. mission, remove extraneous paperwork requirements and improve the program’s efficiency during the withdrawal of U.S. troops from Afghanistan. 

The full text of the letter is available here and below.

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Dear Secretary Rubio:

We write to you with deep concern over President Donald Trump’s recently announced so-called travel ban and its striking inconsistency with the Department of Homeland Security’s justification for termination of Temporary Protected Status (TPS) for Afghanistan. We respectfully request that you provide detailed information regarding the State Department’s assessment of the conditions in Afghanistan to clarify the Trump Administration’s position.

On June 4, 2025, President Trump announced via a proclamation entitled “Restricting the Entry of Foreign Nationals to Protect the United States from Foreign Terrorists and Other National Security and Public Safety Threats” that he was imposing travel restrictions for foreign nationals entering the United States. Among the countries included in this proclamation is Afghanistan. Specifically, the proclamation bans most entry into the United States from Afghanistan, stating the following as justification:

“The Taliban, a Specially Designated Global Terrorist (SDGT) group, controls Afghanistan. Afghanistan lacks a competent or cooperative central authority for issuing passports or civil documents and it does not have appropriate screening and vetting measures.”

As you know, the U.S. visa vetting system is a multi-layered process involving extensive background checks, biometric data collection, interagency information sharing, and screening against a range of national security databases that works to keep residents of our country safe. According to the Brennan Center for Justice, “[m]ore than 40 national security experts from across the political spectrum have unequivocally told courts that travelers to the U.S. should not be vetted on religious or national stereotypes, but rather on specific threat information.” Categorically banning foreign nationals from coming to the United States based on their country of origin is discriminatory and harmful to our nation’s international relations and security interests.

The proclamation further states that you, as the Secretary of State, were directed to make this determination, in consultation with other members of the President’s Cabinet including the Secretary of Homeland Security. Per the proclamation, you ultimately determined that “a number of countries remain deficient with regards to screening and vetting,” including the country of Afghanistan. Placing a blanket ban on another country’s citizens is a severe action, and the title of the proclamation states that it is being done “to protect the United States from foreign terrorists and other national security and public safety threats.” This determination appears to be at odds with the Trump Administration’s stated position just weeks ago. On May 12, 2025, Secretary of the Department of Homeland Security (DHS) Kristi Noem announced that DHS was ending TPS for Afghanistan. The basis offered in the Federal Register notice for this decision was “notable improvements in the security and economic situation such that requiring the return of Afghan nationals to Afghanistan does not pose a threat to their personal safety due to armed conflict or extraordinary and temporary conditions.” Specifically, the notice points to:

1. the totality of Taliban rule and lessening overt presence of ISIS-K and other various terrorist organizations;
2. a decrease in large-scale violence and humanitarian need;
3. a growing economy; and 
4. increased tourism, with tourists “sharing their experiences on social media, highlighting the peaceful countryside, welcoming locals, and the cultural heritage.

Further, Secretary Noem found that “permitting Afghan nationals to remain temporarily in the United States is contrary to the national interest of the United States.” The Federal Register notice cited consultation with your Department in making this determination.

These seemingly incompatible recent decisions indicate a troubling lack of consistency in the Administration’s analysis of country conditions in Afghanistan. Either Afghanistan is safe for the return of Afghan refugees and nationals that fled following the return of the Taliban to power or it is not.

According to Human Rights Watch, in 2024, Taliban authorities intensified their crackdown on human rights, especially against women and girls, who are banned from attending secondary school or university and are unable to move freely. The Taliban also continues to detain and torture journalists, curtailing free speech and media. The 2023 U.S. State Department Human Rights Report covering Afghanistan found that women’s rights rapidly declined and restrictions on freedom of expression increased. The horrific human rights conditions in Afghanistan are unsafe for Afghan nationals to return to and returning would put their personal safety at immediate risk. Additionally, the Islamic State Khorasan Province (ISKP), the Afghan affiliate of the Islamic State (ISIS), continues to launch attacks against ethnic and religious minorities and against the Taliban, leading to innocent civilian casualties. If Afghan nationals are forced to return to Afghanistan, they will be caught in the crossfire between the Taliban and ISKP.

As you are aware, many Afghan allies that received TPS stood shoulder to shoulder with American servicemembers for nearly two decades during the war in Afghanistan. Many fled to the United States out of fear of persecution by the Taliban or retaliation for such cooperation with the United States. It is unsafe for political targets of the Taliban to be forced to return against their will. TPS protections must be maintained for Afghan nationals in the United States.

We would request that you immediately provide answers to the following questions:

1. Please provide detailed reports or information that the State Department is relying upon in advising the Department of Homeland Security and the White House as to the conditions in Afghanistan. 
2. How can you assure Afghan nationals fearing persecution in Afghanistan that the Taliban will not retaliate against them based upon their relationship with the United States?

Congress has a strong interest in understanding what information the Trump Administration is using to carry out its policies and how it is making national security decisions that impact all of our constituents.  We look forward to receiving your response.

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