End of Temporary Protected Status for Burma and South Sudan

Two federal judges have officially terminated Temporary Protected Status (TPS) for South Sudan and Burma. This decision follows the U.S. Supreme Court’s ruling favoring the Trump administration’s position in June, potentially exposing thousands more immigrants to deportation.

Background and Legal Context

The recent rulings reflect a pattern where lower court judges are reversing previous blocks on the Department of Homeland Security’s (DHS) efforts to end TPS. Many affected individuals have been residing in the U.S. for over a decade. The Supreme Court’s decision on TPS for Haiti and Syria indicated DHS’s authority to terminate protections, influencing similar cases involving other nationalities.

“The Trump administration has relentlessly pursued every avenue to strip TPS holders of their lawful status,” stated Lupe Aguirre from the International Refugee Assistance Project. She urged Congress for immediate action to provide permanent protections.

Reactions and Developments

DHS General Counsel James Percival expressed approval of the court decisions, criticizing delays in TPS terminations as undermining what the American people voted for. A DHS spokesperson justified the terminations by highlighting improvements in peace and security in South Sudan.

Conversely, federal judges in Illinois and Massachusetts dismissed new legal challenges against TPS termination for South Sudan and Burma. Judge Patti B. Saris and Judge Matthew F. Kennelly both concluded that plaintiffs’ claims were unlikely to succeed.

Krish O’Mara Vignarajah of Global Refuge noted that the federal court rulings effectively remove judicial power to assess the safety of returning to South Sudan, despite ongoing instability.

Legal and Humanitarian Concerns

Judge Kennelly’s decision left a single claim of racial discrimination open for further legal examination, suggesting that racial bias may have influenced TPS terminations.

This move forms part of the Trump administration’s broader strategy to scale back TPS designations. The Supreme Court’s decision in Mullin v. Doe has become a pivotal reference for subsequent legal decisions across the U.S.

Other countries that have lost TPS include Yemen, Nicaragua, and Honduras, among others, while cases for Somalia and Ethiopia remain pending.

The Future of TPS

DHS has advised those previously protected under TPS to exit the U.S., while legal representatives are evaluating alternative legal statuses for some affected individuals. The overall future of TPS appears uncertain under ongoing administrative policies. However, Lebanon has temporarily retained its status due to unrest.