Two federal judges concluded Temporary Protected Status (TPS) for South Sudan and Burma, influenced by the U.S. Supreme Court’s decision supporting the Trump administration’s efforts in June. This development exposes many immigrants to potential deportation. The trend involves lower court judges removing restrictions on the Department of Homeland Security (DHS) as they terminate TPS for numerous immigrants, some of whom have resided in the U.S. for over ten years.
The Supreme Court had previously ruled on TPS for Haiti and Syria, stating that DHS had the authority to end protections, which has set a precedent affecting other cases of different nationalities. As a result, other similar cases have similarly aligned with this precedent.
“The Trump administration has relentlessly pursued every avenue to strip TPS holders of their lawful status, aiming to subject long-standing community members to detention and deportation,” said Lupe Aguirre, deputy director of U.S. litigation at the International Refugee Assistance Project.
DHS General Counsel James Percival expressed approval of the court decisions, noting that delays only deny Americans what they voted for. A DHS spokesperson stated that TPS was never meant to be permanent, and improvements in South Sudan justify ending the temporary designation. Diplomatic relations have strengthened, supporting the reintegration of returning nationals.
What the Judges Said About Burma and South Sudan TPS
Federal judges in Illinois and Massachusetts largely denied efforts to block the TPS termination for Burma and South Sudan. Plaintiffs raised new legal theories, which were found unlikely to succeed. Patti B. Saris from the U.S. District Court for Massachusetts rejected requests to amend lawsuits or postpone TPS termination for South Sudan. Claims included former DHS Secretary Kristi Noem’s alleged lack of authority and due process violations, but Saris dismissed these arguments.
Krish O’Mara Vignarajah, President and CEO of Global Refuge, clarified that courts did not determine South Sudan’s safety for returnees. The judgment reflects the Supreme Court’s decision limiting federal judges from questioning a country’s safety.
The ruling stated that South Sudan remains on the verge of a civil conflict. Despite a small number of South Sudanese with TPS in the U.S., the administration’s move potentially endangers those sent back to a hostile environment.
In the case of Burma, Judge Matthew F. Kennelly declined to consider new claims, focusing on Congress transferring TPS authority to DHS. While dismissing due process claims, Kennelly left open an equal protection violation claim. Higher courts will need to address this before the case moves forward.
U.S. Immigration and Customs Enforcement agents have been advised to refrain from detaining individuals covered by ongoing class action lawsuits. The urgency of deportation implementation remains uncertain.
Which Other TPS Countries Have Lost Status?
The Trump administration continues reversing TPS protections for various countries. The Supreme Court’s decision in Mullin v. Doe, concerning Haiti and Syria’s TPS termination, shapes legal outcomes nationwide. Judges in both Burma and South Sudan cases noted that the Supreme Court ruling largely restricts judicial reviews of TPS termination decisions, narrowing available legal avenues.
These recent decisions add Burma and South Sudan to a list of countries with terminated TPS, including Haiti and Syria. Other countries affected include Yemen, Nicaragua, Afghanistan, Nepal, Cameroon, Honduras, and Venezuela. Lower court cases are pending for Somalia and Ethiopia.
Critics argue that conditions in many countries haven’t improved, contrary to government claims, posing risks to returning immigrants.
What Happens Next?
Despite TPS ending, legal representatives seek alternative avenues for affected individuals. Some immigrants may qualify for different legal statuses. The overall future of the TPS program remains uncertain, particularly under the current administration. However, Lebanon’s TPS has been temporarily extended due to persistent unrest.
Contact Newsweek editors on this story: Edward T. Cummins.