Two federal judges have officially ended Temporary Protected Status (TPS) for South Sudan and Burma. This follows the U.S. Supreme Court’s decision in favor of the Trump administration’s position in June, making thousands of immigrants susceptible to deportation. The rulings are part of a broader pattern, with lower court judges reversing blockades against the Department of Homeland Security’s (DHS) attempts to terminate TPS for numerous immigrants who have lived in the U.S. for over a decade.
Impact of the Supreme Court Ruling
The Supreme Court’s decision regarding TPS for Haiti and Syria established that DHS holds the authority to end TPS protections. Consequently, similar cases involving different nationalities are statistically expected to align with this precedent. According to Lupe Aguirre, deputy director at the International Refugee Assistance Project, the ruling has stripped thousands of their protections as lower courts find themselves unable to counter the administration’s actions. Aguirre underscores the urgent need for Congress to provide lasting protections for TPS holders.
DHS’s Perspective
DHS General Counsel James Percival has expressed satisfaction with these court decisions, criticizing ongoing ‘administrative stays’ as barriers to executing the voter-backed policies. A DHS spokesperson indicated that TPS was not meant to be a permanent solution and highlighted the supposed renewed peace and diplomatic improvements in South Sudan as justification for ending TPS.
Federal Judges’ Decisions
In Illinois and Massachusetts, judges largely rejected new attempts to prevent the termination of TPS for Burma and South Sudan. The plaintiffs in these cases argued that DHS overstepped its authority and infringed on due process protections. However, both judges concluded that the Homeland Security Secretary retains TPS authority, making the plaintiffs’ legal theories unlikely to succeed.
In South Sudan’s case, Judge Patti B. Saris of the U.S. District Court for Massachusetts denied a renewed effort to delay TPS termination. Similarly, in the Northern District of Illinois, Judge Matthew F. Kennelly dismissed new claims in the Burma case while leaving a racial discrimination claim open for further examination.
Broader Implications
The Supreme Court’s decision has significantly restricted the legal avenues available to advocates contesting TPS terminations. Consequently, Burma and South Sudan join Haiti, Syria, and several other countries, including Yemen and Nicaragua, in having TPS designations terminated.
However, cases concerning Ethiopia and Somalia are still pending in lower courts. Critics argue that the administration’s moves overlook the conditions in these countries, which they say have not ameliorated, exposing returnees to potential dangers.
Future of TPS
As DHS continues to urge TPS-covered individuals to exit the U.S., legal representatives explore alternative paths for immigrants. The future of TPS under future administrations remains uncertain. Meanwhile, Lebanon’s TPS status has received a temporary extension due to ongoing unrest.
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