Judges End TPS for South Sudan and Burma Amid Legal Challenges

Two federal judges have officially ended Temporary Protected Status (TPS) for South Sudan and Burma. This follows the Supreme Court’s decision in favor of the Trump administration in June. Thousands more immigrants now face potential deportation.

These rulings continue a trend of judges removing blocks on the Department of Homeland Security’s (DHS) efforts to end TPS. Many immigrants have lived in the U.S. for over a decade. The Supreme Court’s decision on TPS for Haiti and Syria affirmed DHS’s authority, likely influencing similar cases for other nationalities.

Lupe Aguirre of the International Refugee Assistance Project criticized the efforts to strip TPS holders of their status. Aguirre emphasized the need for immediate and permanent protections, urging Congress to act.

DHS General Counsel James Percival expressed satisfaction with the court decisions. On social media, he criticized judges yet to decide on pending cases.

A DHS spokesperson stated that TPS was never meant to be permanent. With improved conditions in South Sudan, the spokesperson declared now the right time to conclude the temporary designation.

Judges’ Decisions on TPS for Burma and South Sudan

Federal judges in Illinois and Massachusetts mostly rejected new efforts to block the termination of TPS for South Sudan and Burma. Plaintiffs were unlikely to succeed on new legal theories.

In Massachusetts, Judge Patti B. Saris denied amending a lawsuit against TPS termination for South Sudan. Plaintiffs argued that the former DHS Secretary Kristi Noem lacked authority and that due process was violated. Saris rejected these claims, confirming the DHS Secretary’s authority.

Krish O’Mara Vignarajah of Global Refuge noted that the court did not find South Sudan safe but reflected the limits placed on judges by the Supreme Court’s ruling. O’Mara Vignarajah highlighted the danger facing South Sudanese nationals if returned.

In Illinois, Judge Matthew F. Kennelly dismissed claims against the TPS end for Burma. He stated that Congress assigned TPS authority through the Homeland Security Act.

One claim of racial discrimination in the termination process remains viable. Kennelly allowed this claim to proceed, leaving it for higher courts to address.

Other Countries Losing TPS

The Trump administration continues to dismantle TPS for several countries, guided by the Supreme Court decision in Mullin v. Doe concerning Haiti and Syria. This case limits judicial review of TPS termination decisions.

Burma and South Sudan join a list of countries losing TPS without significant legal challenge. Other countries affected include Yemen, Nicaragua, Afghanistan, Nepal, Cameroon, Honduras, and Venezuela. Somalia and Ethiopia still have pending cases.

Future of TPS

The end of TPS leaves affected individuals urging Congress for action. Alternatives for legal status remain under exploration.

The program’s future seems uncertain, particularly with the potential continuation of the Trump administration. DHS has temporarily extended Lebanon’s status due to ongoing unrest.