US court allows Trump administration to end temporary protections for South Sudanese

A U.S. federal judge has ruled to allow the Trump administration to proceed with ending Temporary Protected Status (TPS) for hundreds of South Sudanese nationals living in the United States. The decision, issued Friday by Judge Patti Saris of the Massachusetts District Court, rejected efforts by human rights organizations, including the New York-based African Communities Together, to maintain TPS for this group.

Judge Saris's ruling follows a 6-3 Supreme Court decision in June that permitted the Trump administration to revoke TPS for hundreds of thousands of Haitians and approximately 6,100 Syrians. TPS allows nationals from countries experiencing crises, including civil war or environmental disasters, to reside legally in the U.S., work, and avoid deportation.

In her 15-page ruling, Judge Saris wrote that the plaintiffs' arguments were "internally inconsistent and self-defeating." She reasoned that if the Department of Homeland Security (DHS) lacked the authority to terminate TPS for South Sudan, it likewise lacked the authority to grant the designation in the first place in 2011. "The initial TPS designation for South Sudan would be void in the same manner as its termination," Judge Saris wrote.

Reacting to the ruling, DHS General Counsel James Percival wrote on social media platform X: "Every judge hearing other TPS cases must do the same! Every day these administrative stays remain in effect is a day the American people are denied what they voted for." The Guardian reached out to African Communities Together but received no response.

The Trump administration's push to end TPS comes amid ongoing high-level travel warnings from the U.S. government for citizens visiting affected countries, including South Sudan, Haiti, and Syria. South Sudan has been devastated by years of civil war and political instability, displacing millions. Since independence in 2011, over 400,000 people have died in conflicts, and ethnic violence continues to claim civilian lives.

DHS proposed ending TPS for South Sudan last November, arguing the country no longer meets the conditions for designation. The move would affect more than 232 South Sudanese nationals and at least 73 individuals with pending TPS applications. A prior order by Judge Saris had temporarily blocked this termination.

After the Supreme Court ruling, lawyers for the South Sudanese group and African Communities Together asked Judge Saris to continue blocking the TPS termination based on new arguments the high court had not considered. One argument was that DHS lacks authority to end TPS because the 1990 law creating the program only names the attorney general as the official with power to extend and terminate protections. DHS was established later, in 2002, following the September 11 attacks, and most immigration functions of the Justice Department were transferred to it. Judge Saris concluded Congress had also transferred TPS authority to DHS.

According to data from the advocacy organization Fwd.us, since 2001, TPS holders have contributed $7.8 billion in taxes annually and $262 billion to the U.S. economy. Many TPS holders work in critical industries facing labor shortages, such as construction, hospitality, and healthcare. Losing TPS could 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 few options to remain in the U.S., and if ordered removed, they could be barred from returning for years.