The U.S. Court of Appeals for the Fourth Circuit has temporarily put a stop to the termination of temporary protected status (TPS) for Afghanistan refugees.

Department of Homeland Security (DHS) Secretary Kristi Noem announced on April 10 that DHS was ending TPS for thousands of Afghanistan refugees currently taking shelter in the U.S. That included several hundred Christians, who had fled from their Islamic extremist government that would not allow them to practice their faith freely.

CASA, Inc., an immigrant advocacy group, sued Noem on May 7 of this year for terminating TPS designations both for Afghanistan and Cameroon before they had expired. Noem halted the TPS designations on April 11, while Afghanistan’s TPS designation was not set to end until May 20, and Cameroon’s did not end until June 7.

CASA is also suing Noem for the improper way they claim she terminated TPS. The lawsuit reported that Noem ended TPS through an email that her assistant secretary, Tricia McLaughlin, sent to the media, although it was never publicly released. Plus, CASA’s lawsuit claims, Noem’s motivations to end TPS were fueled “at least in part by racial animus.”

“A TPS designation cannot be terminated in this manner,” declared the lawsuit. “Instead, Congress established a strict process for terminating TPS designations, one that required Secretary Noem to publish notice of her decision in the Federal Register at least 60 days before the current designation period ends. … The statute further prescribes what happens when the Secretary fails to follow that process: the TPS designation is automatically extended for at least another six months.”

As the case continues, the Fourth Circuit Court of Appeals decided to wait to terminate TPS for Afghan refugees at least for another week in order to allow CASA and the Trump administration time to file briefs on the specifics of the case.

Critics of CASA argue that temporary protected status is temporary by definition. Every 18 months, the secretary of DHS must re-evaluate the TPS designation of various countries and either extend or terminate that status. The first Trump administration attempted to terminate several TPS designations but was largely unsuccessful. Most TPS designations tend to be extended every re-evaluation period.

When Afghanistan was first designated for temporary protected status, it was because of the ongoing armed conflict there, as well as “extraordinary and temporary conditions in Afghanistan that prevented nationals of Afghanistan from returning in safety,” according to the Federal Register.

When the Secretary of Homeland Security at the time, Alejandro Mayorkas, extended temporary protected status for Afghanistan on September 25, 2023, he claimed it was on account of the Taliban takeover, which qualified as ongoing armed conflict — one of the three bases for claiming TPS.

Noem announced in May that Afghanistan no longer fit the criteria for a temporary protected status. “Afghanistan has had an improved security situation, and its stabilizing economy no longer prevents them from returning to their home country,” Noem claimed. “Additionally, the termination furthers the national interest as DHS records indicate that there are recipients who have been under investigation for fraud and threatening our public safety and national security.”

Although Noem did not address the Taliban’s ongoing human rights violations and Afghanistan’s urgent economic and humanitarian crisis, it is true that the Biden administration imported Afghans who were flagged as security concerns and who the DHS Inspector General in 2022 claimed were “not fully vetted.” This lack of security precautions likely led to the nearly 400 Afghans who were listed as potential threats who had entered and settled in the U.S. in 2022. They are likely who Noem is referring to as the “recipients who have been under investigation.”

If CASA wins the lawsuit, it would only extend TPS for another six months. While that may give the Afghan refugees time to apply for asylum, it’s still not guaranteed that they will be able to stay for much longer. TPS does not provide a pathway to citizenship for refugees in the U.S.

In a letter that Family Research Council signed, along with multiple other Christian leaders and organizations back in May, it was suggested that the administration use the U.S. refugee resettlement program to help the Christian Afghan refugees in particular. It is currently unclear whether the administration plans to take this approach.

Evelyn Elliott serves as an intern at Family Research Council.