Virginia (TDI): Thousands of Afghan nationals living in the United States under Temporary Protected Status (TPS) are now facing potential deportation after a federal appeals court ruled against prolonging their legal safeguard.
The Fourth US Circuit Court of Appeals in Virginia, in a decision issued late Monday, declined to block the Trump administration’s move to end TPS for Afghan and Cameroonian nationals. The three-judge panel stated that there wasn’t enough evidence to justify an emergency stay.
TPS for Afghan citizens formally ended on July 14, though the court had briefly extended it until July 21 while reviewing a petition for a longer delay. With that extension now expired, over 11,700 Afghans who had been allowed to stay and work in the US since 2022 are now at risk of losing their legal status.
The nonprofit group CASA, which advocates for immigrant rights, had filed a lawsuit challenging the decision, accusing the administration of racial bias and of bypassing the proper legal process. While a federal judge allowed the case to proceed, the court declined to maintain protections for the plaintiffs while the case unfolds.
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In legal documents, CASA described the situation as a humanitarian crisis in the making, warning that affected individuals now face a grim choice: either leave the US and return to dangerous conditions in Afghanistan or remain in the country without legal status, exposed to arrest and deportation.
The appeals court acknowledged the legitimacy of CASA’s argument but emphasized that the ultimate decision rests with the lower court, which was urged to handle the case without delay. It also noted that many TPS recipients might still qualify for other immigration protections.
TPS is a temporary measure granted by the Department of Homeland Security (DHS) to nationals from countries experiencing armed conflict, natural disasters, or other extraordinary conditions. While it provides work authorization and protection from deportation, it does not lead to permanent residency or citizenship. The status must also be renewed regularly, typically every 18 months.
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In May, the DHS under the Trump administration announced its intention to end TPS for Afghans, citing what it described as improved conditions in Afghanistan. Advocacy groups, however, strongly disagreed with this assessment.
“Ending TPS does not reflect the reality in Afghanistan,” said Krish O’Mara Vignarajah, president and CEO of Global Refuge, in a statement. “The situation remains perilous, especially for those who worked with the US government, and for vulnerable groups such as women, minorities, and former civil servants who are at direct risk from the Taliban.”
Vignarajah urged Congress to act swiftly and create a permanent pathway to security and legal residency for Afghan TPS holders.
The court ruling also affects thousands of Cameroonian nationals, whose TPS designation is set to expire on August 4.
So far, the Department of Homeland Security has not commented further on the matter.
Farkhund Yousafzai is an Associate Editor at The Diplomatic Insight.
