The U.S. appeals court has temporarily blocked the planned end of protections for nearly 12,000 Afghans. These protections, known as Temporary Protected Status (TPS), allow them to work legally and prevent deportation. The protections were set to expire under a decision made by the Department of Homeland Security (DHS) in May.
In May, DHS announced it would end TPS for about 11,700 Afghans within 60 days. This move is part of efforts by the Trump administration to reduce the number of people eligible for deportation. TPS had allowed these Afghans to stay and work legally in the United States due to unsafe conditions in their home country.
A nonprofit group called CASA challenged the decision in court. CASA sued to keep TPS for Afghans and also for people from Cameroon, whose protections are set to expire on August 4. Last Friday, a federal judge allowed CASA’s lawsuit to continue but did not keep the protections active during the legal process.
CASA appealed this ruling on Monday and won a temporary stay. This means the TPS protections for Afghans remain in place for at least one more week while the court reviews the case. The appeals court did not explain its decision but promised a quick review. Both sides have been asked to submit written arguments this week. DHS did not immediately reply to requests for comment.
Although 11,700 Afghans have TPS, this is a small portion of the roughly 180,000 Afghans who have come to the U.S. since the Taliban regained power in Afghanistan in 2021. Many of those with TPS may also have applied for other protections, such as asylum. The exact number who have done so is unknown.
The planned end of TPS has caused concern among advocates. Many Afghans who hold TPS served with U.S. forces during the long war in Afghanistan. Supporters argue that ending protections risks sending these people back to danger.
Jennie Murray, President of the National Immigration Forum, said, “Since many losing protections served alongside U.S. forces, we should honor their service by keeping our promise to protect them. Congress should give Afghans permanent status, a promise long overdue.”
When DHS ended TPS, it said conditions in Afghanistan had improved. The May announcement stated, “There are notable improvements in security and the economy, so returning Afghan nationals does not threaten their personal safety.”
TPS allows people from certain countries to live and work legally in the U.S. if their home countries face armed conflict or disasters. However, TPS does not lead to citizenship. The status depends on the Homeland Security secretary’s decision to renew it every 18 months or so.
TPS has always been temporary and uncertain. The Trump administration tried to end many TPS protections but faced legal challenges. This time, it has acted more aggressively, trying to remove TPS from people in seven countries. Venezuela and Haiti have the largest groups affected, with hundreds of thousands losing protection.
Critics say past administrations often renewed TPS without much review. As a result, many people with temporary status have lived in the U.S. for many years. The current moves to end TPS represent a major change in policy and have raised questions about the future of these immigrants.