Federal Judges End Temporary Protected Status for South Sudan and Burma

Two federal judges have officially terminated Temporary Protected Status (TPS) for South Sudan and Burma. This follows the U.S. Supreme Court’s decision supporting the Trump administration in June. As a result, thousands of immigrants face potential deportation.

The court’s rulings continue a pattern of lower courts removing blocks on the Department of Homeland Security’s (DHS) efforts to end TPS for many immigrants who have resided in the U.S. for over ten years. The Supreme Court’s ruling on TPS for Haiti and Syria affirmed that DHS has the authority to terminate such protections. This created expectations that other similar cases would align accordingly.

Lupe Aguirre, deputy director of U.S. litigation at the International Refugee Assistance Project, expressed concerns about the situation. Aguirre noted that the Supreme Court’s TPS decision resulted in many losing their protection, with limited intervention possible from the lower courts. Aguirre urged Congress to provide immediate and lasting protection for TPS holders.

DHS General Counsel James Percival expressed support for the court decisions, emphasizing that TPS was meant to be temporary. A DHS spokesperson highlighted the peace developments in South Sudan and improved diplomatic relations as reasons to end the temporary designation.

Judicial Opinions on TPS Termination

Judges in Illinois and Massachusetts largely dismissed new attempts to block the TPS termination for Burma and South Sudan. In Massachusetts, Judge Patti B. Saris found the plaintiffs’ legal theories unlikely to succeed. She concluded that the DHS secretary traditionally had the authority over TPS, and the due process challenges were weak.

Krish O’Mara Vignarajah, President and CEO of Global Refuge, clarified that the ruling didn’t imply South Sudan was safe. Instead, it reflected the limited power of federal judges post-Supreme Court decision. Vignarajah highlighted the ongoing violence in South Sudan and criticized the administration’s decision.

In Illinois, Judge Matthew F. Kennelly reached a similar conclusion in the Burma case. He dismissed the plaintiffs’ claims but left room for a racial discrimination claim to proceed. The case will continue with this point being considered by higher courts.

Current and former officials noted that U.S. Immigration and Customs Enforcement agents have been advised to avoid arresting immigrants involved in class action lawsuits for the time being.

Countries Affected by TPS Terminations

The rulings align with the Trump administration’s broader plan to end TPS for several countries. The Supreme Court’s decision in Mullin v. Doe, which confirmed the termination of TPS for Haiti and Syria, now guides lower court rulings across the U.S. Judges in the Burma and South Sudan cases remarked that the TPS statute limits judicial review on nonconstitutional challenges.

South Sudan and Burma join the list of countries whose TPS terminations have withstood legal appeals. Other countries that have lost TPS include Yemen, Nicaragua, Afghanistan, Nepal, Cameroon, Honduras, and Venezuela. Meanwhile, cases for Somalia and Ethiopia are still pending.

Critics argue many of these countries remain dangerous, despite governmental claims of improvement. They suggest immigrants could face severe conditions if forced to return.

Future of TPS

Though TPS protections are ending, some immigrants might qualify for other legal statuses. Legal representatives are exploring alternatives. The future of TPS is uncertain, particularly under another Trump administration, although DHS has temporarily extended Lebanon’s TPS due to ongoing unrest.