A US appeals court has temporarily extended protections for around 12,000 Afghans in the United States. The decision came just hours before their Temporary Protected Status (TPS) was set to expire. Previously, the United States Department of Homeland Security (DHS) announced in May under President Donald Trump that it was ending the legal protections for thousands of Afghans legally living in the country.
The Court of Appeals issued the court order for the Fourth Circuit in Richmond, Virginia. It grants an administrative stay on the termination of TPS until Monday. The appeals court announced its decision without explanation, stating that it would decide on the next steps immediately. According to court documents, the immigration advocacy group CASA filed an emergency stay request.
CASA’s case also involves Cameroonians, whose TPS is set to expire on August 4. The group argued that ending TPS was arbitrary, discriminatory, and would cause severe harm to those affected. Additionally, the appeals court has instructed both stakeholders to file legal briefs this week. The Trump administration must submit its response by 11:59 p.m. Eastern time on Wednesday. Last Friday, a federal judge allowed CASA’s lawsuit to proceed but declined to block the termination of protections while the case is ongoing.
TPS Protection Allowed Afghan National to Live and Work in the US
Shawn VanDiver, founder of AfghanEvac, said the stay is not a final ruling, but it provides time for the legal challenge to unfold. AfghanEvac is a coalition of US military veterans and advocacy groups helping Afghan refugees resettle. VanDiver urged the Department of Homeland Security and the Trump administration to reverse course. He called for an immediate extension of TPS protections for Afghans. TPS had allowed Afghan nationals to live and work in the United States legally. It also protected them from being deported by the government.
Millions of Afghans who fled their homeland in the past decades are now being sent back to Taliban-controlled Afghanistan from countries such as Pakistan, Iran, and the United States. The Afghan deportations are also expected in Germany, where officials are pursuing discussions with the Taliban. Since the Taliban regained control in 2021, around 180,000 Afghans have arrived in the US. Out of that number, approximately 11,700 individuals currently hold Temporary Protected Status (TPS).
When Homeland Security Secretary Kristi Noem decided to end TPS for Afghans, her department stated that conditions in Afghanistan had improved. The official May announcement claimed that security and economic conditions had notably progressed. It stated that the Secretary found that returning Afghan nationals no longer posed a threat to their safety due to the armed conflict or temporary conditions.
On the other hand, human rights advocates argued that many Afghans who assisted the US during its war could face Taliban retaliation. According to rights groups, women are especially vulnerable, as the Taliban has significantly rolled back their rights since returning to power. Last week, the International Criminal Court (ICC) issued arrest warrants for two senior Taliban leaders in connection with abuses against Afghan women and girls. The court claimed that Afghan women had been stripped of fundamental rights.
