Federal appeals court refuses to extend legal protection for Afghan immigrants, citing insufficient evidence for postponement.
In a significant development affecting thousands of Afghans in the United States, a federal appeals court in Virginia has refused to extend their legal protection from deportation.
The ruling comes after the Trump administration's decision to end Temporary Protected Status (TPS) for individuals from
Afghanistan and Cameroon.The Fourth US Circuit Court of Appeals ruled on Monday that there was 'insufficient evidence' to warrant a postponement of the administration's decision to revoke TPS, which had been temporarily extended while the court considered an emergency request.
TPS for Afghans expired on July 14 but was briefly extended until July 21.The Department of Homeland Security announced in May its intention to end TPS for approximately 11,700 Afghans within 60 days.
This status, in place since 2022, allowed these individuals to work legally in the US and protected them from deportation.
CASA, a nonprofit immigrant advocacy group, challenged this decision, arguing that it was based on race and did not follow Congress's outlined process.Although a federal judge permitted the lawsuit to proceed, no immediate extension of TPS was granted.
This leaves Afghan TPS holders facing a difficult choice: return to
Afghanistan, where they may face severe harm or death due to ongoing conflicts, or remain in the US in legal uncertainty while awaiting other immigration processes.The court acknowledged that CASA presented a 'plausible' legal claim against the administration and urged expeditious progress in the case.
However, it was noted that many TPS holders from
Afghanistan might still be eligible for alternative forms of legal protection available to them.Temporary Protected Status is granted by Homeland Security's secretary to individuals whose home countries face safety issues such as armed conflict or environmental disasters.
While providing beneficiaries with work authorization and protection from deportation, this status remains precarious due to its regular renewal requirement.Homeland Security officials justified their decision to end TPS for Afghans by citing an improvement in the country's situation.
However, groups supporting Afghan TPS holders argue that conditions in
Afghanistan remain dangerous and unstable.
Global Refuge President Krish O'Mara Vignarajah called on Congress to provide a permanent path to safety and stability for these individuals.