Just hours before legal protections were set to expire, a federal appeals court stepped in on Monday night to keep nearly 12,000 Afghans in the United States from facing deportation. The court issued a one-week emergency stay, temporarily halting the Trump administration’s decision to end Temporary Protected Status (TPS) for Afghan nationals.
A Legal Lifeline, but the Clock Is Ticking
TPS had allowed thousands of Afghans to work legally and remain safe from deportation. In contrast, conditions in their home country remained dangerous. But in May, the Department of Homeland Security announced it would end TPS for Afghan nationals within 60 days — part of a larger effort by the Trump administration to shrink humanitarian protections.
The initial expiration date was set for Monday. Without the court’s emergency stay, thousands would have lost legal status, the ability to work, and protection from removal overnight.
Fear and Uncertainty Grip Afghan Communities
Though the number of Afghans under TPS — about 11,700 — is small compared to the 180,000 who have resettled in the U.S. since 2021, many are among the most vulnerable. Some worked directly with U.S. military and diplomatic efforts during America’s 20-year war in Afghanistan and now face possible retaliation if forced to return.
Immigration advocates say rescinding these protections now would be a betrayal. Jennie Murray, the President and CEO of the National Immigration Forum, believes that since many of those losing their protections served alongside U.S. forces, the U.S. should honor that service by upholding its promise to provide safety.
DHS Claims Conditions in Afghanistan Are ‘Improving’
In its May announcement, the Department of Homeland Security, led by Secretary Kristi Noem, claimed conditions in Afghanistan had notably improved. The statement argued that the return of Afghan nationals no longer posed a threat to personal safety due to armed conflict or extraordinary conditions.
Advocates and human rights organizations swiftly condemned the decision, citing ongoing Taliban rule, targeted violence, repression of women and girls, and a fragile economy. For many, the idea that Afghanistan is safe for return is not only inaccurate — it’s dangerous.
More Than Just Afghanistan at Stake
The TPS battle for Afghans is just one piece of a larger strategy by the Trump administration to dismantle protections for immigrants from seven countries, including Venezuela, Haiti, and Cameroon. The decision affecting Cameroonian nationals is set to take effect August 4, and CASA is also challenging that in court.
Critics argue that the administration is using “improvement” narratives to justify mass disqualifications, even when facts on the ground suggest otherwise. They accuse DHS of using TPS rollbacks as a tool to increase deportations under the guise of policy review.
A Broken Promise or a Legal Correction?
Supporters of the administration argue that TPS was always meant to be temporary, and that previous administrations were too lenient in renewing protections without clear legal justification. Critics say ending TPS now violates the U.S.’s moral and political obligations, particularly to Afghans who put their lives on the line for American interests.
Legal experts caution that TPS offers no path to citizenship and remains vulnerable to shifts in political power. “When your legal right to stay depends on a secretary’s signature every 18 months, it’s not real protection — it’s a delay,” said one immigration attorney familiar with the case.
What Happens Next?
For now, the emergency stay offers temporary relief, but it expires in a week. The appeals court could lift the stay, extend it, or order further hearings depending on the arguments submitted by both sides this week.
Advocates continue to call on Congress to act, pushing for bipartisan legislation that would grant permanent protections to Afghan nationals who aided U.S. efforts and are now caught in legal limbo.
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Resources:
- https://apnews.com/article/afghanistan-temporary-protected-status-expiration-bbecaa4ec919e2626fb88d9fc04b3292
- https://blog.immigrationquestion.com/news/afghan-tps-designation-cancelled-as-conditions-improve-says-dhs/
- https://www.reuters.com/legal/government/us-appeals-court-temporarily-stays-termination-afghans-protected-status-2025-07-15/?utm_source
- https://www.nytimes.com/2025/07/14/us/politics/afghanistan-tps-migrants-deportation.html
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