Federal Judge Clears Way to End TPS for South Sudanese Nationals

On August 7, U.S. District Judge Patti Saris of the Massachusetts district ruled that the Trump administration may terminate the Temporary Protected Status (TPS) designation for South Sudan. Saris, a Clinton-appointed judge, held that the Department of Homeland Security (DHS) possesses the statutory authority to end TPS because Congress transferred that power to DHS when most immigration functions moved to the agency after the September 11 attacks. She described the plaintiffs’ argument—that DHS lacks authority to terminate TPS—as “self-contradictory” because the same logic would invalidate the original 2011 TPS grant.

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TPS, created by a 1990 statute, allows people from countries experiencing armed conflict, natural disaster, or other extraordinary conditions to remain in the United States with work authorization. The designation for South Sudan was first issued in 2011 after the nation’s civil war began. In November, DHS announced that South Sudan no longer met the criteria for TPS and moved to end the program. The decision follows a June U.S. Supreme Court ruling (6-3) that limited lower-court review of the administration’s efforts to end TPS for Haiti and Syria, effectively clearing the path for similar actions in other cases.

The Guardian

If the termination proceeds, more than 232 South Sudanese residents would lose protection, and at least 73 individuals with pending applications would also be affected. The advocacy group Fwd.us estimates that TPS holders collectively pay $7.8 billion in taxes each year and contribute $262 billion to the U.S. economy, with many employed in sectors facing labor shortages such as construction, hospitality, and health care. Loss of TPS could expose affected immigrants to arrest, detention, and removal, even if they have pending asylum or green-card petitions.

The Guardian

Plaintiffs’ representatives from the nonprofit African Communities Together have not responded to requests for comment.

The Guardian

With the district court’s decision in place, the DHS is positioned to finalize the termination of South Sudan’s TPS, ending the temporary legal status for the affected community unless further litigation alters the outcome.

The Guardian