The case originates from a ruling issued in May by a federal judge in Texas, who sided with Republican state officials challenging the Department of Homeland Security’s authority to admit tens of thousands of Afghans under humanitarian parole without conducting case-by-case reviews. Judge Matthew Kacsmaryk ruled that the administration exceeded its authority under the Immigration and Nationality Act, which typically limits parole to urgent, individualized humanitarian needs.

The ruling had raised alarms among legal experts and refugee advocates, as it threatened to revoke protections for more than 20,000 Afghans still residing in the U.S. under the parole status granted during Operation Allies Welcome — the emergency evacuation campaign that followed the U.S. military’s chaotic withdrawal from Afghanistan in August 2021.

In response, the 5th U.S. Circuit Court of Appeals intervened, issuing a temporary stay to prevent immediate disruption while it hears full arguments on the matter.

Biden Administration Faces Policy Crossroads

The Department of Homeland Security has defended its use of parole as a necessary emergency measure. Officials argue that the fall of Kabul and the Taliban’s rapid takeover created a unique set of humanitarian and national security circumstances that justified expedited admissions without traditional visa processing.

However, critics of the program, including the state of Texas, claim the administration bypassed immigration law and overwhelmed public resources. Their legal challenge frames the parole effort as a politically motivated overreach rather than a lawful emergency response.

The court’s temporary stay does not reverse the lower court ruling but buys time for further consideration. Meanwhile, DHS has said it will continue to process applications for Afghans already inside the U.S., while halting most new entries under the contested program.

Advocates Call For Long-Term Solution

Refugee organizations, veterans’ groups, and members of Congress have warned that unless legislative action is taken, Afghan evacuees remain vulnerable to legal uncertainty. Many were resettled in the U.S. after serving alongside American forces, but without a clear path to permanent residency, their futures remain uncertain.

Calls have intensified for Congress to pass the Afghan Adjustment Act — a bill that would allow eligible evacuees to apply for lawful permanent residence. Despite bipartisan support in past sessions, the legislation has repeatedly stalled.

“We are encouraged by the court’s decision, but legal limbo is no substitute for a permanent solution,” said Krish O’Mara Vignarajah, president of Lutheran Immigration and Refugee Service. “These are allies who risked everything to support U.S. missions, and we owe them more than temporary relief.”

With the presidential election looming, immigration policy has returned to the national spotlight — and the fate of thousands of Afghans may now depend as much on political will as on judicial rulings.