Appeals Court Hands Trump Admin Deportation Victory

An appellate court ruled the Trump administration can move forward with ending temporary deportation protections for thousands of Afghan and Cameroonian nationals.

The Department of Homeland Security (DHS) is allowed to end the Temporary Protected Status (TPS) for roughly 10,000 Afghanistan and Cameroon nationals while a court challenge against the move continues to play out in court, the Fourth Circuit Court of Appeals ruled Monday. The court determined that while CASA — an immigration advocacy group suing DHS — has a plausible case, there is not enough evidence to block the TPS phaseout while the court challenge continues.

“We agree with the district court that CASA, Inc. has stated a plausible claim for relief with regard to the alleged ‘preordained’ decision to terminate temporary protected status (TPS) for Afghanistan and Cameroon, and that the balance of the equities and the public interest weigh in favor of CASA, Inc,” the court stated, according to court documents.

“At this procedural posture, however, there is insufficient evidence to warrant the extraordinary remedy of a postponement of agency action pending appeal,” the ruling continued.

The Monday court ruling marks the latest victory in the Trump administration’s ongoing effort to keep TPS designations temporary.

A federal authority first established in the Immigration Act of 1990, TPS bestows sweeping deportation protections and work eligibility to certain foreign nationals living in the U.S., including illegal migrants, whose home countries are experiencing any number of conflicts or devastating natural disasters, making it potentially unsafe for them to go back, according to U.S. Citizenship and Immigration Services (USCIS).

The authority does not grant permanent legal status, according to USCIS. Those who lose TPS become amenable to removal unless they obtain another form of immigration status.

Despite its purpose as a temporary form of deportation protection, the authority has served as a more permanent measure in practice.

Honduras and Nicaragua, for example, were initially designated for TPS roughly 25 years ago based on an environmental disaster that resulted in “substantial, but temporary” disruption of living conditions, according to a DHS memo issued earlier in July. Since that time, however, both Central American countries have seen their TPS designations “continuously extended” over the years, with Nicaragua’s designation being extended a total of 13 consecutive times.

The Trump administration is moving to finally end TPS for Nicaragua and Honduras, arguing that conditions in both countries no longer support the deportation protection designation. Earlier this year, the administration also announced it would nix the Biden White House’s TPS extension for Haiti, a designation the country has enjoyed since 2010, and revoke an 18-month TPS extension granted to roughly 600,000 Venezuelan nationals by Biden officials.

“This is another win for the American people and the safety of our communities,” DHS Assistant Secretary Tricia McLaughlin stated Tuesday to the Daily Caller News Foundation. “TPS was never intended to be a de facto asylum program, yet it has been abused as one for decades.”

“DHS records indicate that there are Afghan nationals who are TPS recipients who have been the subject of administrative investigations for fraud, public safety, and national security,” McLaughlin continued. “This decision restores integrity in our immigration system and ensures that Temporary Protective Status is actually temporary.”

In May, DHS Secretary Kristi Noem declared TPS for Afghan nationals would end within 60 days, according to a release. The number of Afghans on TPS is relatively small compared to the number of Afghans who arrived to the U.S. en masse amid President Joe Biden’s chaotic withdrawal from the country and obtained other forms of immigration benefits.

Roughly 9,600 Afghans and nearly 3,500 Cameroonians currently have TPS, according to The National Immigration Forum. The deportation protections for Afghan nationals were slated to end earlier in July and protections for Cameroonian nationals are set to expire on Aug. 4.