An appeals court has ruled that the Trump administration can proceed with plans to end temporary deportation protections for many Afghans and Cameroonians. The Department of Homeland Security (DHS) is now allowed to revoke Temporary Protected Status (TPS) for about 10,000 individuals from these regions. While CASA, a group advocating for immigrants, has a case against the DHS, the court determined there isn’t enough evidence to halt the gradual phasing out of TPS as legal challenges unfold.
CASA, Inc. agrees with the district court’s assertion that there is a valid basis for claims related to the decision to end TPS for Afghanistan and Cameroon. The court’s documents support that CASA’s interests warrant consideration. Still, the ruling suggests that this procedural position lacks sufficient evidence to justify delaying agency actions.
This latest court decision marks another milestone in the Trump administration’s ongoing efforts to limit TPS designations. Established under the Immigration Act of 1990, TPS offers deportation protection and work eligibility to certain foreigners in the U.S. when their home countries face conflict or disasters, as outlined by the U.S. Citizenship and Immigration Services (USCIS).
However, it’s important to note that TPS does not grant permanent legal status. Those who lose their TPS face the risk of deportation unless they secure another immigration status. Interestingly, despite being labeled “temporary,” TPS has, in some cases, taken on a more permanent role.
Take Honduras and Nicaragua, for instance. A DHS memo from early July revealed that these countries were among the first to receive TPS designations due to severe environmental issues about 25 years ago. Both have since seen their TPS protections repeatedly extended; Nicaragua has had its designation renewed 13 times.
The Trump administration aims to end TPS for both countries, asserting that conditions no longer justify their protected status. Earlier this year, it also signaled plans to revoke the TPS expansions that the Biden administration provided to Haitians and Venezuelans.
DHS Deputy Director Tricia McLaughlin remarked that this represents a positive outcome for the safety of Americans and the community. She noted that TPS was never meant to function as a blanket asylum program, but rather has been misused for years. Citing DHS data, McLaughlin indicated that some TPS recipients from Afghanistan are subject to investigations regarding fraud and national security issues, arguing that this decision helps maintain the integrity of the immigration system.
In May, Kristi Noem, the DHS Executive Director, announced that TPS for Afghan nationals would conclude in 60 days. Notably, the number of Afghans under TPS is relatively small in comparison to those who fled to the U.S. during President Biden’s withdrawal efforts. Currently, around 9,600 Afghans and close to 3,500 Cameroonians are under TPS, with Afghan protections poised to end in early July and Cameroonian protections scheduled to expire on August 4th.
