The Trump administration is working to end temporary protected status for some Afghan refugees. A United States Court of Appeals has paused the protection’s termination until next Monday.
In May, Secretary of Homeland Security Kristi Noem announced the termination of Temporary Protected Status (TPS) for Afghans, saying those protected by it are no longer under threat in their previous country.
TPS allows anyone seeking asylum from a country that’s “temporarily unsafe” to stay in the United States without being deported, regardless of their legal status.
Chris Christensen is an immigration attorney who has worked with Idaho Afghans for years. He disagrees with Noem.
“The Afghan Asylum cases I’ve worked on … nationally, there was at least a 99% approval rate. That is simply unheard of. And that is because the Taliban is the government,” said Christensen.
Christensen’s firm helps many resettled Afghans with TPS obtain asylum, which can lead to permanent residency.
There are 760 TPS holders in Idaho. Christensen said they may face threats from immigration enforcement if their protection is terminated.
“Those folks who don't have status will either be subject to deportation or return to a country where I'm afraid they will be persecuted, if for no other reason than they've been living in the United States,” said Christensen.
In the coming months, the Department of Homeland Security is expected to revoke the protection for seven other countries – Cameroon, Haiti, Honduras, Nepal, Nicaragua, Syria and Venezuela.
That could lead to further arrests and deportations, which are difficult for immigration attorneys to navigate. Christensen says people arrested by ICE in Idaho have been detained in Las Vegas.
“Then an attorney would have to schedule a bond hearing for them, so they would likely be in detention two to three weeks, I would anticipate,” said Christensen.
11,700 Afghans have Temporary Protected Status in the United States, and may be affected by the termination.