Van Hollen, Ivey, Klobuchar Lead Over 70 Members in Pressing Administration on Conflicting Orders Fueling Uncertainty Among Afghans Living in U.S.

Today, U.S. Senator Chris Van Hollen (D-Md.), Congressman Glenn Ivey (D-Md.), and Senator Amy Klobuchar (D-Minn.) led 73 of their colleagues in pressing U.S. Secretary of State Marco Rubio for answers on the Trump Administration’s inconsistent policies regarding Afghanistan and the legal status of Afghan nationals living in the U.S. – many of whom played important roles in supporting American servicemembers during the war in Afghanistan over two decades. In the letter, the lawmakers 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. The lawmakers ask Secretary Rubio how the State Department arrived at these determinations and whether it can guarantee that Afghans who may be forced to leave the U.S. will not face danger upon their return to their home country – should the termination of Afghanistan’s TPS designation be upheld.

The lawmakers’ concerns over the safety of Afghan nationals who may be forced to leave the U.S. stem from a recent State Department human rights report covering Afghanistan finding that the Taliban has increased restrictions on freedom of expression and significantly eroded women’s rights. Additionally, 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 those already incurred by the men and women who have previously assisted the United States military and face retribution for their support to our 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 began.

They quoted the determination that Secretary Rubio made upon consultation over the decision to include Afghanistan in the Administration’s travel ban proclamation, writing, “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,” 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.” 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.

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,” they went on to write.

They asked Secretary Rubio to address 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?

In addition to Senator Van Hollen, Congressman Ivey, and Senator Klobuchar, the letter was signed by Senators Michael Bennet (D-Colo.), Richard Blumenthal (D-Conn.), Chris Coons (D-Del.), Catherine Cortez Masto (D-Nev.), Tammy Duckworth (D-Ill.), Dick Durbin (D-Ill.), Martin Heinrich (D-N.M.), Mazie Hirono (D-Hawaii), Tim Kaine (D-Va.), Angus King (I-Maine), Ed Markey (D-Mass.), Patty Murray (D-Wash.), Alex Padilla (D-Calif.), Gary Peters (D-Mich.), Jack Reed (D-R.I.), Jacky Rosen (D-Nev.), Bernie Sanders (I-Vt.), Adam Schiff (D-Calif.), Tina Smith (D-Minn.), Mark Warner (D-Va.), Raphael Warnock (D-Ga.), and Peter Welch (D-Vt.) and Representatives Becca Balint (D-Vt.), Ami Bera (D-Calif.), André Carson (D-Ind.), Troy Carter (D-La.), Yvette Clarke (D-N.Y.), Diana DeGette (D-Colo.), Suzan DelBene (D-Wash.), Lizzie Fletcher (D-Texas), Bill Foster (D-Ill.), John Garamendi (D-Calif.), Robert Garcia (D-Calif.), Sylvia Garcia (D-Texas), Daniel Goldman (D-N.Y.), Josh Gottheimer (D-N.J.), Chrissy Houlahan (D-Pa.), Jonathan Jackson (D-Ill.), Pramila Jayapal (D-Wash.), Hank Johnson (D-Ga.), Julie Johnson (D-Texas), Sydney Kamlager-Dove (D-Calif.), Timothy Kennedy (D-N.Y.), Rick Larsen (D-Wash.), Zoe Lofgren (D-Calif.), Stephen Lynch (D-Mass.), Doris Matsui (D-Calif.), Jennifer McClellan (D-Va.), Betty McCollum (D-Minn.), Jim McGovern (D-Mass.), Robert Menendez (D-N.J.), Grace Meng (D-N.Y.), Seth Moulton (D-Mass.), Kevin Mullin (D-Calif.), Jerry Nadler (D-N.Y.), Eleanor Holmes Norton (D-D.C.), Jimmy Panetta (D-Calif.), Chellie Pingree (D-Maine), Jan Schakowsky (D-Ill.), Kim Schrier (D-Wash.), Lateefah Simon (D-Calif.), Adam Smith (D-Calif.), Greg Stanton (D-Ariz.), Eric Swalwell (D-Calif.), Bennie Thompson (D-Miss.), Mike Thompson (D-Calif.), Dina Titus (D-Nev.), Rashida Tlaib (D-Mich.), Paul Tonko (D-N.Y.), Lori Trahan (D-Mass.), Juan Vargas (D-Calif.), Marc Veasey (D-Texas), and Bonnie Watson Coleman (D-N.J.).

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

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.