US appeals court temporarily upholds protected status for Afghans

WASHINGTON (Reuters): A U.S. appeals court has blocked for now a bid by President Donald Trump’s administration to strip temporary protected status from thousands of Afghans in the United States, court documents showed, allowing them more time to argue the case.

Monday’s order by the U.S. Court of Appeals for the Fourth Circuit granted an administrative stay on the termination until July 21, following a request from immigration advocacy organization CASA.

The group’s lawsuit against the U.S. Department of Homeland Security challenged the termination of temporary protected status for Afghans and Cameroonians unveiled by the administration in April.

The DHS did not immediately respond to a request for comment. At the time of the April announcement, it had said conditions in Afghanistan and Cameroon no longer merited the protected status.

The TPS program provides protection against deportation and provides work permits for periods of six to 18 months to those from countries stricken by natural disaster, armed conflict or other extraordinary event.

The status can be renewed by the homeland security secretary. Trump’s effort to end most TPS enrollment during his first term from 2017 to 2021 was thwarted by federal courts.

CASA sought an emergency stay on Monday, when the protection of Afghans was set to be terminated, while that of Cameroonians was set to end on August 4, the court document showed.

The group said the step was arbitrary and discriminatory and would cause “irreparable harm” to those affected, as it sought a stay while the appeals proceed.

The administration has time until 11:59 p.m. ET on Wednesday (0359 GMT on Thursday) to respond.

The stay was not a final decision, but gave time for the legal challenge, said Shawn VanDiver, founder of AfghanEvac, the main coalition of veterans and advocacy groups that coordinates resettlements with the government.

“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 in an email.

The United States evacuated more than 82,000 Afghans from Afghanistan after the Taliban takeover in 2021, of whom more than 70,000 entered the U.S. on temporary “parole,” or legal entry for two years.

Rights advocates have said many Afghans who helped the United States during its war in Afghanistan would be targets of the Taliban if they returned home.

Particularly at risk would be women, whose rights the Taliban have curbed since their return to power after the U.S. withdrawal, rights groups say.