End of Temporary Protected Status for South Sudan and Burma

Two federal judges ended Temporary Protected Status (TPS) for South Sudan and Burma on Friday. This decision follows the U.S. Supreme Court’s ruling in June that favored the Trump administration. As a result, many more immigrants now face deportation.

The Supreme Court’s decision on TPS for Haiti and Syria confirmed the Department of Homeland Security’s (DHS) authority to end protections. Consequently, similar cases involving other nationalities are also expected to align.

“The Trump administration has relentlessly pursued every avenue to strip TPS holders of their lawful status with the end goal of subjecting long-term members of our communities to detention and deportation,”

Lupe Aguirre, deputy director of U.S. litigation at the International Refugee Assistance Project, stated.

The Supreme Court ruling has caused thousands to lose their protections. Lower courts are increasingly unable to intervene against what Aguirre describes as a cruel de-documentation campaign. While legal efforts continue, immediate and permanent protections are needed for TPS holders.

Reaction from DHS: DHS General Counsel James Percival expressed support for the court decisions, asserting that administrative stays deny the American people what they voted for.

Additionally, a DHS spokesperson commented on the temporary nature of TPS, stating that South Sudan’s improved conditions justify the end of TPS.

Judicial Decisions:

Federal judges in Illinois and Massachusetts largely dismissed efforts to block the end of TPS for Burma and South Sudan. Patti B. Saris from Massachusetts rejected a bid to amend the lawsuit regarding South Sudan, stating that the former DHS Secretary Kristi Noem had the authority to terminate TPS. Saris dismissed due process claims, deciding they were unlikely to succeed.

Krish O’Mara Vignarajah of Global Refuge warned that South Sudan is far from safe. With only a few hundred South Sudanese holding TPS in the U.S., the decision is a deliberate choice to send vulnerable civilians back into violence.

In Illinois, Matthew F. Kennelly dismissed renewed efforts to delay Burma’s TPS termination. He ruled that Congress transferred TPS authority to DHS, negating due process claims post-Supreme Court decision. Kennelly left open an equal protection claim alleging racial discrimination in TPS terminations.

Impact and Further Actions:

U.S. Immigration and Customs Enforcement agents have been advised to avoid arrests involving immigrants affected by class action lawsuits.

Other countries impacted by TPS terminations include Yemen, Nicaragua, Afghanistan, Nepal, Cameroon, Honduras, and Venezuela. Somalia and Ethiopia still have pending cases.

Critics argue that conditions in some countries have not improved as claimed, posing risks for returning immigrants.

Future of TPS: The program’s future remains uncertain, especially under the second Trump administration. DHS has temporarily extended Lebanon’s TPS through November due to ongoing unrest.