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DHS faces lawsuit for removing deportation protections for Afghans and Cameroonians

Immigration advocates are taking legal action on behalf of Cameroonians who could lose their protection from deportation. This shift follows statements from Afghans and Cameroonians indicating that the Department of Homeland Security (DHS) intends to end their Temporary Protected Status (TPS).

These TPS designations were originally established in 2022 due to ongoing armed conflicts, hunger, and human rights issues. Both designations were extended about 18 months ago for similar reasons.

Recently, DHS revealed its plans, but an official announcement regarding federal register changes has yet to be made.

The lawsuit argues, “TPS designations cannot be terminated in this way.” It further explains that Congress has set a specific process for ending TPS designations, which mandates that the Secretary publish a notice of any decisions in the federal register at least 60 days prior to the expiration of the current designation period.

They emphasized that this formal process “provides certainty to TPS beneficiaries and allows for an orderly transition if termination happens.”

The law specifies consequences if the Secretary does not follow the required process, stating that the TPS designation would be automatically extended for at least six additional months.

DHS has not responded to inquiries for comment.

The advocates claimed that the decision was influenced by “racial animus,” referencing comments made by President Trump and DHS Secretary Christa Noem, alongside plans to retract protections for immigrants from non-white countries and to introduce refugee programs for Africans in South Africa.

The lawsuit contends that the perilous situations in both Afghanistan and Cameroon justify the Biden administration’s classification of TPS for citizens already in the U.S.

Afghanistan is currently under Taliban rule, with conditions worsening since the U.S. withdrawal in 2021. Many of the roughly 80,000 Afghans who arrived in the U.S. following Kabul’s fall have adjusted their status to asylum or secured special immigration visas linked to their support for U.S. military efforts.

Nonetheless, numerous individuals still rely on TPS, with DHS estimating about 14,600 Afghan nationals eligible under the most recent redesignation.

Approximately 8,000 Cameroonians may also benefit from TPS, citing ongoing armed conflicts as grounds for protection.

“Since 2014, the ongoing conflict between the Cameroonian government and non-state armed groups, particularly Boko Haram and the Islamic State West Africa (ISWAP), has resulted in killings, kidnappings, and damage to civilian infrastructure.

Granting TPS necessitates a comprehensive assessment of the conditions in the designated country, while withdrawing such protection requires proof that these conditions are no longer met.

“Contrary to the protracted process previously mentioned, Secretary Noem opted to terminate TPS for Afghanistan and Cameroon within three months of taking office,” Casa pointed out.

“Secretary Noem could not engage in the usual evaluation process during this significantly shortened time frame. Consultations with the State Department and other agencies were, at best, minimal.”

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