Key Litigation Impacting Afghans
AfghanEvac is closely tracking legal cases that could dramatically affect the safety and stability of Afghan allies in the United States. While we are not the filer in any of these lawsuits, we support efforts to uphold lawful protections for those who stood alongside the United States.
These cases represent a critical front in the fight to ensure Afghans are treated fairly, lawfully, and with the dignity they deserve.
This is not a comprehensive list of all active litigation. This summary is compiled by AfghanEvac.
For the most current and accurate legal updates, visit the associated court docket links or contact the filing organizations.
These summaries are for informational purposes only and do not constitute legal advice. For direct legal support, individuals should consult an immigration attorney or the legal organizations listed.
Last updated May 22, 2025
Who filed and why: Filed on February 10, 2025, by the International Refugee Assistance Project (IRAP), Church World Service (CWS), HIAS, Lutheran Community Services Northwest (LCSNW), and nine individual plaintiffs. The lawsuit challenges the Trump administration’s suspension of the U.S. Refugee Admissions Program (USRAP) and its abrupt halting of congressionally appropriated Migration and Refugee Assistance (MRA) funds to refugee resettlement agencies.
When filed: February 10, 2025
Where filed: U.S. District Court for the Western District of Washington
Who it impacts: Approximately 12,000 refugees—including thousands of Afghans—who were approved for resettlement but had their travel canceled due to policy reversals and funding cuts.
Current status: The court rescinded its earlier May 5 compliance framework order and has called for the appointment of a Special Master to conduct individualized assessments.
Expected next steps: Appointment of a Special Master and development of case-by-case evaluation procedures to determine which refugees were improperly barred from travel.
2. CASA v. Noem
Who filed and why: Filed on May 7, 2025, by CASA, Inc., a national immigrant rights organization. The lawsuit challenges the Department of Homeland Security’s (DHS) termination of Temporary Protected Status (TPS) for Afghanistan and Cameroon, alleging violations of the Administrative Procedure Act (APA) and constitutional due process protections.
When filed: May 7, 2025
Where filed: U.S. District Court for the District of Maryland
Who it impacts: Afghan nationals in the U.S. under TPS, who are now at risk of deportation despite ongoing armed conflict and human rights violations under Taliban rule.
Current status: Amended complaint filed May 20 by plaintiffs. Awaiting decision on motion for summary judgment
Expected next steps: The court is considering whether to temporarily block DHS from enforcing TPS terminations.
3. Doe v. Noem
Who filed and why: Filed by Justice Action Center and Human Rights First as a class-action lawsuit. It challenges DHS’s categorical termination of several humanitarian parole programs—including CHNV, Uniting for Ukraine (U4U), and Operation Allies Welcome (OAW)—without individualized review or procedural due process.
When filed: March 2025
Where filed: U.S. District Court for the District of Massachusetts
Who it impacts: Humanitarian parolees across programs, including thousands of Afghans under OAW and Enduring Welcome, who face imminent loss of legal status and work authorization without individualized review.
Current status: On April 14, 2025, the court issued a preliminary injunction halting terminations for CHNV parolees and certified a class of similarly situated individuals.
Expected next steps: Ongoing appellate proceedings and further district court action to determine whether DHS’s blanket terminations violated the APA and due process rights.
More info: https://justiceactioncenter.org/svitlana-doe-v-noem-class-action/
Who filed and why: Filed by an international student, proceeding under the pseudonym “John Doe,” who challenges DHS’s sudden termination of his F-1 student visa and SEVIS record without prior notice or a clear explanation. The lawsuit alleges violations of the Administrative Procedure Act and the Fifth Amendment's due process clause.
When filed: April 9, 2025
Where filed: U.S. District Court for the Western District of Washington
Who it impacts: International students—including Afghans on F-1 visas—who may face similar abrupt terminations of their student status without procedural protections, jeopardizing their education and legal presence in the U.S.
Current status: On April 17, the court issued a Temporary Restraining Order (TRO) requiring DHS to reinstate the student’s SEVIS record and halting further enforcement based on the termination.
Expected next steps: Hearings on a motion for preliminary injunction and potential class certification to expand protections to other similarly affected students.
Who filed and why: Filed by Priya Saxena, an Indian international student who earned advanced degrees at South Dakota Mines. She challenges the revocation of her visa and SEVIS record by DHS, alleging unlawful conduct under the APA and due process violations.
When filed: April 17, 2025
Where filed: U.S. District Court for the District of South Dakota
Who it impacts: While centered on a non-Afghan plaintiff, this case reflects an emerging DHS enforcement posture that may put Afghan F-1 students at risk of sudden SEVIS record terminations and visa revocations.
Current status: The court granted a preliminary injunction preventing DHS from enforcing the visa revocation.
Expected next steps: Continued litigation over the legality of DHS’s actions and the scope of permissible agency discretion in visa terminations.