A federal judge has ruled that the Trump administration can proceed with terminating Temporary Protected Status (TPS) for hundreds of South Sudanese nationals in the United States, a decision that follows a recent Supreme Court ruling allowing similar actions against Haitians and Syrians.
Judge's Ruling and Rationale
On Friday, U.S. District Judge Patti Saris of the District of Massachusetts rejected a bid by immigrant rights organizations, including the New York-based African Communities Together, to maintain TPS for South Sudanese nationals. In her 15-page ruling, Judge Saris wrote that the plaintiffs' arguments were "self-contradictory, self-defeating," noting that if the Department of Homeland Security (DHS) lacked the authority to terminate South Sudan's TPS designation, it also would have lacked the authority to issue it initially.
"South Sudan's original TPS designation would thus be invalid by the same token as its termination," Saris wrote. The decision aligns with the Supreme Court's 6-3 ruling in June, which overturned lower court rulings that had blocked the administration from ending TPS for more than 350,000 Haitians and about 6,100 Syrians.
Impact on South Sudanese TPS Holders
The DHS moved in November to terminate TPS for South Sudan, claiming the country no longer met the conditions for the designation, which was first issued in 2011. The action would end protections for more than 232 South Sudanese nationals and at least 73 others with pending applications. An earlier order by Saris had temporarily blocked that move, but after the Supreme Court's decision, lawyers for the plaintiffs urged her to re-block on new grounds, including an argument that the DHS lacked authority because the 1990 statute creating TPS referred only to the attorney general.
Saris, appointed by Bill Clinton, concluded that Congress had transferred authority over TPS to the DHS, which was established in 2002 after the September 11 attacks. James Percival, a DHS general counsel, responded on X: "Every other TPS judge must do the same! Every day these 'administrative stays' are in effect is a day the American people are denied what they voted for."
Broader Context and Economic Contributions
The Trump administration's efforts to strip TPS protections come despite the U.S. government's own travel warnings for countries like South Sudan, Haiti, and Syria. South Sudan has been ravaged by civil war and political instability since gaining independence in 2011, with more than 400,000 people killed in conflict. TPS holders have contributed significantly to the U.S. economy, paying $7.8 billion annually in taxes and adding $262 billion to the economy, according to the advocacy organization Fwd.us. Many work in critical industries like construction, hospitality, and healthcare.
Losing TPS can leave immigrants without legal status, making them vulnerable to arrest, detention, and deportation, even if they have pending asylum or green card applications. Some may face immigration court proceedings with limited options to stay, and those ordered removed could be barred from returning for years. The Guardian has contacted African Communities Together for comment, and Reuters contributed reporting.
