In a significant development, the US Court of Appeals for the Fourth Circuit has granted a temporary extension of Temporary Protected Status (TPS) for nearly 12,000 Afghans residing in the United States. This decision came just hours before the protections were set to expire, following a controversial announcement from the US Department of Homeland Security (DHS) under President Donald Trump to conclude TPS for thousands of Afghans.
The court’s order, issued on Monday, provided an administrative stay that will remain in effect until a review of the case is conducted, indicating that a swift resolution is anticipated. The legal action was prompted by CASA, an immigration advocacy organization that sought an emergency intervention to prevent the termination of protections set to lapse on the same day.
Furthermore, the appeal to the court also encompasses Cameroonians whose TPS is scheduled to end on August 4. CASA has expressed that ending these legal protections would result in “irreparable harm” for the individuals affected and has labeled the government’s decision as both arbitrary and discriminatory.
Both parties involved have been requested to submit briefs within the week, and the Trump administration has until 11:59 PM US Eastern Time on Wednesday (03:59 GMT on Thursday) to respond to the court’s order. Although a federal judge allowed CASA’s lawsuit to proceed on Friday, the request to maintain TPS protections during the ongoing legal battle was not granted.
“This stay is not a final ruling but provides essential time for the legal challenge,” commented Shawn VanDiver, founder of AfghanEvac, a coalition dedicated to the resettlement of Afghan refugees in coordination with the government. VanDiver emphasized the coalition’s strong support for the legal challenge, urging DHS and the Trump administration to retract their decision and extend TPS protections.
The current TPS designation has permitted Afghans to live and work legally in the US without the threat of deportation. During the recent crisis, millions of Afghans who fled their home country now face potential repatriation to Taliban-controlled Afghanistan from various nations, including the US, Pakistan, and Iran. Anticipated deportations are similarly being discussed in Germany as that country’s government seeks dialogue with the Taliban.
Since the Taliban regained control of Afghanistan in 2021, approximately 180,000 Afghans have arrived in the United States, with about 11,700 of those benefiting from TPS. However, in May, Homeland Security Secretary Kristi Noem announced the termination of TPS for Afghans, suggesting that conditions in their homeland had improved significantly.
Noem’s statement indicated that the security and economic situation in Afghanistan had progressed to a point where returning Afghan nationals would not pose a threat to their personal safety. This assertion, however, has been met with skepticism from rights advocates who argue that many Afghans, particularly those who aided US forces during the war, would be at great risk if forced to return to their homeland.
Experts and activist groups have specifically raised alarms about the dangers facing women in Afghanistan, where the Taliban has systematically repressed rights since regaining power. The International Criminal Court recently issued arrest warrants for two high-ranking Taliban leaders on charges of abuses against women and girls, highlighting the acute risks that many face in the country.
The issue of TPS is a multifaceted one, with the Biden administration having the authority to confer this temporary status to individuals from specific countries. Currently designated countries for TPS include not just Afghanistan and Cameroon, but also Myanmar, El Salvador, Ethiopia, Haiti, Honduras, Lebanon, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, and Yemen.
In addition to the controversies surrounding Afghanistan and Cameroon, the Trump administration proposed ending TPS designations for an estimated 260,000 Haitians and 350,000 Venezuelans, further complicating a significant humanitarian issue for many vulnerable populations. This evolving legal landscape continues to attract attention as advocates press for the necessary protections to safeguard lives at risk.
image source from：aljazeera
