Trump’s TPS Termination for Africans

By Darius Spearman (africanelements)

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Temporary Protected Status Explained

A recent court decision has affirmed the Trump administration’s ability to end Temporary Protected Status (TPS) for thousands of people from Afghanistan and Cameroon (cbsnews.com). This ruling allows the government to lift deportation protections for approximately 11,700 Afghans and 5,200 Cameroonians who have been living and working in the United States (cbsnews.com). This decision comes despite significant opposition and ongoing legal challenges from immigration advocacy groups, including CASA (wearecasa.org).

Temporary Protected Status, or TPS, is a humanitarian immigration program. It offers temporary protection from deportation and work authorization to eligible foreign nationals already in the United States (news.bloomberglaw.com). This status is granted when conditions in their home countries, such as armed conflict, environmental disaster, or other extraordinary circumstances, make it unsafe for them to return (news.bloomberglaw.com). The program allows immigrants from designated countries to remain in the U.S. for up to 18 months at a time (news.bloomberglaw.com).

Legal Challenges and Opposition

The termination of TPS for Cameroon and Afghanistan has been met with strong condemnation. Shawn VanDiver, President of AfghanEvac, expressed deep concern, stating that “Lives will be upended. Families will be separated. Allies will be detained, deported, or forced into hiding-while their legal rights remain unsettled” (cbsnews.com). This highlights the severe human impact of such policy changes.

CASA, a prominent immigration advocacy group, has filed a lawsuit against the administration. They argue that the termination is illegal and potentially driven by “racial animus” (wearecasa.org). This allegation suggests that the decision is motivated by discriminatory intent based on race or national origin, rather than an objective assessment of country conditions (news.bloomberglaw.com). Proving racial animus is significant in immigration litigation, as it can render a government action unconstitutional (news.bloomberglaw.com). The lawsuit also contends that the Department of Homeland Security (DHS) failed to comply with statutory requirements (wearecasa.org). Specifically, DHS had not published the required notice of its decision to terminate the designations in the Federal Register at least 60 days before the current designation period ended (wearecasa.org). This procedural step is crucial for transparency and due process, allowing TPS holders ample time to understand changes to their status (wearecasa.org).

Understanding Legal Terminology

To fully grasp the complexities of this situation, it is helpful to understand some key legal terms. A “plaintiff” is the party who initiates a lawsuit, such as CASA in this case (cbsnews.com). An “appeals court,” like the U.S. Court of Appeals for the 4th Circuit, reviews decisions made by lower courts (cbsnews.com). A “federal district court” is the trial court where lawsuits are initially filed. An “injunction” is a court order that requires a party to do or refrain from doing a specific act (cbsnews.com). This is often used to temporarily block government actions, like TPS termination, while a case is ongoing (cbsnews.com).

The appeals court acknowledged that CASA has a plausible case against the administration for ending TPS for Afghans and Cameroonians (cbsnews.com). However, the court stated there was “insufficient evidence to warrant the extraordinary remedy” of blocking the government from phasing out TPS while the lawsuit continues (cbsnews.com). This means that while the legal challenge proceeds, the administration can move forward with its plans to terminate the protections.

Impact on Individuals and Families

Individuals losing TPS protections face the immediate threat of deportation if they do not secure another form of legal status (cbsnews.com). This also means the loss of their Employment Authorization Documents (EADs), which are work permits issued by the U.S. government (cbsnews.com). For Cameroon TPS holders, these EADs are set to expire on August 4, 2025 (uscis.gov). The termination of TPS means that individuals from these countries who hold EADs based on their TPS status will lose their work authorization, unless they can secure another form of legal status that permits employment (cbsnews.com).

The long-term impacts are significant, including potential separation from family members who may be U.S. citizens or have other legal statuses (news.bloomberglaw.com). Many TPS holders have lived, worked, and built lives in the United States for years (wearecasa.org). Being forced to return to dangerous conditions in their home countries creates immense social, economic, and psychological distress (news.bloomberglaw.com). The lack of proper notice from DHS has further sown confusion and fear among TPS recipients (wearecasa.org).

TPS Holders at Risk

Individuals who lose TPS may be eligible for other immigration options. These include applying for a Green Card if they meet specific eligibility criteria (uscis.gov). They may also apply for asylum, which can “stop the clock” on the one-year filing deadline for asylum applications if the deadline has not already expired (uscis.gov). However, these options often involve complex eligibility criteria, lengthy application processes, and significant challenges (news.bloomberglaw.com). They may not be available to all individuals, making the loss of TPS a critical concern for many.

Broader Policy Context

The Trump administration has consistently sought to roll back TPS for various countries, impacting thousands of individuals (cbsnews.com). This aligns with a broader immigration policy that aimed to restrict immigration, reduce protected statuses, and increase deportations (cbsnews.com). The administration has argued that the original conditions justifying TPS no longer exist, despite challenges from advocacy groups (cbsnews.com).

In addition to Afghanistan and Cameroon, the administration has sought to wind down TPS for hundreds of thousands of other migrants. These include individuals from Honduras, Nicaragua, Venezuela, and Haiti (cbsnews.com). This pattern suggests a deliberate effort to dismantle the TPS program, which advocacy groups argue disregards actual country conditions and relies on predetermined political decisions (aclunc.org).

TPS Designations and Terminations

The original TPS designations for Afghanistan and Cameroon were likely due to severe conditions in those countries. For Afghanistan, this would have been prolonged conflict and instability. For Cameroon, it was likely civil unrest and violence (immpolicytracking.org). The TPS program is designed for situations where returning to one’s home country is unsafe due to armed conflict, environmental disaster, or other extraordinary circumstances (news.bloomberglaw.com).

Path Forward for TPS Holders

The timeline and process for individuals currently under TPS to transition or respond to the termination involve specific deadlines set by DHS. For Cameroonians, the program is set to end on August 4 (cbsnews.com). Individuals must either prepare to depart, apply for other immigration statuses if eligible, or pursue legal challenges to the termination (news.bloomberglaw.com). The lack of proper notice from DHS has created confusion and fear regarding these processes (wearecasa.org).

The National TPS Alliance and its members continue to fight to protect TPS through legal channels (aclunc.org). They are also pushing for permanent residency for TPS holders (aclunc.org). This ongoing struggle highlights the deep commitment of these communities to remain in the United States, a place many have called home for years (wearecasa.org).

The decisions to terminate TPS for Cameroon and Afghanistan are part of a larger strategy. This strategy aims to reduce the number of protected immigrants in the United States. It also increases the potential for deportations. The impact on African and African Diaspora communities is particularly significant. Many individuals from these regions have established lives, families, and contributed to American society. The threat of losing their protected status creates immense uncertainty and hardship. This situation underscores the ongoing challenges faced by immigrant communities and the importance of continued advocacy for their rights and well-being.

ABOUT THE AUTHOR

Darius Spearman has been a professor of Black Studies at San Diego City College since 2007. He is the author of several books, including Between The Color Lines: A History of African Americans on the California Frontier Through 1890. You can visit Darius online at africanelements.org.