Trump Administration Criticizes Court’s Decision on South Sudan TPS

The Trump administration is criticizing a federal judge’s decision to temporarily block its plan to end Temporary Protected Status (TPS) for South Sudan. This comes after a recent Supreme Court ruling that limited lower courts’ authority on such matters. On Thursday, U.S. District Judge Patti Saris issued an administrative stay in the case of African Communities Together v. Mullin. This action maintains TPS protections for South Sudanese individuals while the court evaluates potential amendments to the plaintiffs’ lawsuit.

The order halts the administration’s decision, originally set for November 6, 2025, to terminate South Sudan’s TPS status. It holds the decision as “null, void, and of no legal effect” pending jurisdiction shifts back to the 1st Circuit. Saris emphasized that the order is purely procedural and not a judgment on the case’s merits.

This is open defiance of the Supreme Court, plain and simple!

These words were from DHS general counsel James Percival, responding to the judge’s order. In a related statement, Hans von Spakovsky from Advancing American Freedom argued that Saris overstepped her authority given the Supreme Court’s recent decision.

He pointed out that the Supreme Court’s decision in Mullin v. Doe restricted courts from reviewing or blocking government decisions on ending TPS. Although this case focused on Syrian and Haitian nationals, von Spakovsky insisted that the interpretation applies equally to South Sudan.

The Justice Department has since appealed to the 1st Circuit to overturn Saris’ previous February ruling. Meanwhile, the plaintiffs have requested that the case be returned to district court to focus on constitutional claims. Judge Saris granted a temporary preservation of South Sudan’s TPS protections while these issues proceed.

The lawsuit was initiated in December 2025 by African Communities Together and several South Sudanese immigrants covered by TPS. They argue that the DHS improperly terminated South Sudan’s TPS status, citing procedural failings and discriminatory motives.

Previously, Judge Saris had ruled in favor of the plaintiffs, blocking the TPS termination in December 2025 and again in February, claiming the plaintiffs were likely to succeed on constitutional grounds. However, the Trump administration continues to appeal, with potential Supreme Court involvement looming on the horizon.