An appeals court has briefly extended temporary protected status (TPS) for nearly 12,000 Afghans in the United States, hours before it was to expire. The US Court of Appeals for the Fourth Circuit in Richmond, Virginia, granted an administrative stay on the termination until Monday after a request from the immigration advocacy organisation CASA.
The immigrant advocacy group said the step to remove the status was arbitrary and discriminatory and would cause “irreparable harm” to those affected. The court has asked both sides to submit briefs this week, with the Trump administration having until 11:59pm US Eastern time on Wednesday to respond.
A federal judge on Friday allowed the lawsuit to go forward but didn’t grant CASA’s request to keep the protections in place while the lawsuit plays out. Shawn VanDiver, founder of AfghanEvac, said the stay is not a final decision but gives time for the legal challenge. “AfghanEvac stands firmly behind the legal challenge and calls on DHS and the Trump administration to immediately reverse course and extend TPS protections,” VanDiver said.
The status had allowed Afghans to live and work in the US and meant the government could not deport them. Millions of Afghans who fled their country over previous decades are now being forced back to Taliban-ruled Afghanistan from countries including Iran, Pakistan, and the US. Deportations of Afghans are also anticipated in Germany as its government seeks talks with the Taliban.
When Homeland Security Secretary Kristi Noem ended temporary protected status for Afghans, the department wrote that the situation in their home country was getting better. “The Secretary determined that, overall, there are 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,” according to the May announcement.
However, rights advocates said many Afghans who helped the US during its war in Afghanistan would be targets of the Taliban if they return home. Particularly at risk would be women, whose rights the Taliban have rolled back since its return to power after the US withdrawal. The International Criminal Court last week issued arrest warrants for two top Taliban leaders in Afghanistan on charges related to abuses against women and girls.
The US homeland security secretary may grant TPS to people from specific countries. Countries currently designated for TPS include Afghanistan, Myanmar, Cameroon, El Salvador, Ethiopia, Haiti, Honduras, Lebanon, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, and Yemen. In addition to Afghanistan and Cameroon, the Trump administration has moved to end the designation for an estimated 260,000 Haitians and 350,000 Venezuelans.