Afghan TPS Protections Temporarily Restored After Appeal \ Newslooks \ Washington DC \ Mary Sidiqi \ Evening Edition \ A federal appeals court temporarily restored protections for nearly 12,000 Afghans. The Trump administration had revoked their Temporary Protected Status (TPS). Immigration advocates are urging Congress to pass permanent protections.
Quick Looks
- Appeals court pauses end of protections for 11,700 Afghans.
- TPS allowed them to work and avoid deportation in the U.S.
- Trump administration had planned to revoke their status Monday.
- CASA sued over the TPS removal; court allowed lawsuit to proceed.
- Stay remains for one week while both sides file legal briefs.
- DHS argues conditions in Afghanistan have “improved” since Taliban takeover.
- Critics say removing TPS for Afghans breaks promises to U.S. allies.
- Over 180,000 Afghans have arrived in the U.S. since 2021.
- Advocacy groups demand Congress provide permanent legal status.
Deep Look
In a last-minute decision late Monday, a federal appeals court stepped in to block the Trump administration’s plan to revoke legal protections for nearly 12,000 Afghan nationals currently living and working in the United States under Temporary Protected Status (TPS). The court issued a temporary stay just hours before their protections were set to expire, marking a significant—albeit short-term—victory for immigration advocates and Afghan evacuees.
TPS, granted to citizens of countries experiencing armed conflict, environmental disaster, or extraordinary conditions, shields recipients from deportation and allows them to work legally in the U.S. For Afghan nationals, the program has served as a lifeline since the Taliban’s return to power in August 2021. But in May, Homeland Security Secretary Kristi Noem, under President Trump’s administration, announced that TPS for 11,700 Afghans would end within 60 days, citing what the administration described as “notable improvements” in security and economic conditions in Afghanistan.
Advocates and legal experts sharply disagreed. CASA, an immigrant rights nonprofit, filed a federal lawsuit against the administration challenging the removal of TPS protections for Afghans and for Cameroonian nationals, whose protections are set to expire August 4. While a lower court allowed the lawsuit to proceed last week, it declined to grant emergency relief to extend TPS while the case plays out.
That changed Monday, when CASA appealed the decision and the appeals court granted a one-week stay, temporarily halting the expiration of protections for Afghan TPS holders. The court did not elaborate on its reasoning but ordered both parties to submit legal briefs this week. The Department of Homeland Security (DHS) has not yet responded publicly to the court’s ruling.
While the court’s stay offers temporary relief, it does not resolve the case—and it leaves nearly 12,000 Afghans in limbo. Many of them assisted U.S. forces during the 20-year war in Afghanistan and fled when the Taliban regained control in 2021. For these individuals, the idea of returning to Taliban-controlled Afghanistan is not only unrealistic but potentially life-threatening.
“This is about honoring our commitments,” said Jennie Murray, President and CEO of the National Immigration Forum. “So many of those losing protections served alongside U.S. forces. We should uphold our promise to provide safety and ensure they have an opportunity to thrive here. Congress must act now to grant permanent protections.”
Since 2021, an estimated 180,000 Afghans have arrived in the U.S., many under parole or humanitarian status. TPS covers a smaller subset of this population—those already in the U.S. at the time TPS was granted. For most, there is no direct path to permanent residency or citizenship through TPS, which is subject to renewal every 18 months at the discretion of the Homeland Security secretary.
That discretion has become increasingly politicized. Trump’s administration has adopted a more aggressive stance toward TPS, aiming to terminate protections for seven countries—including Venezuela, Haiti, Cameroon, and Afghanistan—affecting hundreds of thousands of immigrants. Officials argue that prior administrations extended TPS designations beyond what the law intended, effectively converting a temporary program into long-term residency.
Supporters of the Trump administration’s move say TPS has been misused, allowing beneficiaries to remain in the U.S. for decades without ever transitioning to a legal permanent status. Critics argue that the administration’s strategy amounts to mass deportation through procedural manipulation, especially targeting people who have built lives in the U.S. and have few safe alternatives.
The administration’s justification for ending TPS for Afghanistan hinges on its assessment that the country’s security and economy have stabilized. But that conclusion has been met with widespread skepticism. The Taliban government remains unrecognized by the U.S. and continues to enforce severe restrictions on women, ethnic minorities, and dissenters. Human rights groups warn that returnees face high risks of persecution, imprisonment, or worse.
CASA and other immigrant advocacy groups are calling on Congress to pass legislation that would create a pathway to permanent residency for Afghan evacuees, TPS holders, and others who fled danger. One proposal, known as the Afghan Adjustment Act, would provide permanent legal status to Afghans who supported U.S. efforts and were granted entry after the Taliban’s resurgence.
“It’s not just about legality—it’s about morality,” said CASA’s legal director. “We made promises to these individuals. Many risked their lives for the United States. Stripping them of protection and telling them to return to a regime they fled is both cruel and dangerous.”
For now, the appeals court’s ruling offers a temporary reprieve—but the window is narrow. The court is expected to make a longer-term decision shortly, and unless broader action is taken, nearly 12,000 Afghan lives hang in the balance.
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