Judges End TPS for South Sudan and Burma Amid Supreme Court Decision

Two federal judges ended Temporary Protected Status (TPS) for South Sudan and Burma. This follows the U.S. Supreme Court’s decision supporting the Trump administration’s stance. Thousands more immigrants now face potential deportation.

The decisions reflect a trend where lower court judges remove previous blocks on the Department of Homeland Security’s (DHS) efforts. DHS aims to end TPS for many immigrants, including those who have been in the U.S. for over ten years.

‘The Trump administration has relentlessly pursued every avenue to strip TPS holders of their lawful status,’ said Lupe Aguirre, deputy director of U.S. litigation at the International Refugee Assistance Project.

Supreme Court rulings on Haiti and Syria affirmed DHS’s power to end TPS which influenced similar cases. Legal challenges have become restricted following these high court rulings.

James Percival, DHS General Counsel, supports the recent court decisions. He emphasized that previous administration abuses allowed threats into the U.S. DHS argues TPS was always meant to be temporary, citing improved conditions in South Sudan.

Judges’ Rulings for South Sudan and Burma

Judges in Illinois and Massachusetts denied new attempts to block terminating TPS for Burma and South Sudan. Judges found plaintiffs unlikely to succeed with new legal theories.

In Massachusetts, Judge Patti B. Saris rejected the idea that prior DHS Secretary Kristi Noem lacked the authority to end TPS. She found plaintiffs’ due process claims improbable to succeed.

Krish O’Mara Vignarajah, President and CEO of Global Refuge, stated, ‘The court did not find South Sudan safe for return.’ She highlighted the intensifying violence facing civilians in South Sudan.

In Illinois, Judge Matthew F. Kennelly dismissed plaintiffs’ claims and denied renewing attempts to delay TPS termination for Burma. He noted Congress gave TPS authority to DHS, dismissing repackaged due process arguments.

Kennelly allowed one claim regarding racial discrimination in TPS handling to proceed, leaving room for higher court consideration.

Broader Implications and Future Actions

These decisions add Burma and South Sudan to countries like Haiti and Syria, whose TPS terminations have endured major legal scrutiny. Other countries facing terminated TPS include Yemen, Nicaragua, Afghanistan, Nepal, Cameroon, Honduras, and Venezuela.

Somalia and Ethiopia have pending court cases concerning their TPS statuses. Critics argue that affected countries still pose dangers to returning immigrants, contesting government claims of improvement.

While TPS protections appear concluded, legal counsel explores alternative statuses for migrants. The future of the program remains uncertain, though DHS temporarily extended Lebanon’s status due to continuing unrest.