Federal judge blocks Trump administration's move to deport South Sudanese nationals

In a November directive, Kristi Noem argued that conditions in South Sudan had sufficiently improved to justify ending Temporary Protected Status
PUBLISHED 1 HOUR AGO
Judge Angel Kelley's order blocks the Trump administration from ending Temporary Protected Status for South Sudanese migrants, ruling that the country remains too dangerous for their return (Getty Images)
Judge Angel Kelley's order blocks the Trump administration from ending Temporary Protected Status for South Sudanese migrants, ruling that the country remains too dangerous for their return (Getty Images)

BOSTON, MASSACHUSETTS: A federal judge on Tuesday, December 30, blocked the Trump administration from allowing deportation protections for South Sudanese nationals to expire, ruling that the Department of Homeland Security cannot move forward with ending their legal status next week.

US District Judge Angel Kelley issued an emergency order preventing DHS from terminating Temporary Protected Status (TPS) for South Sudan, which was set to lapse on January 5. The decision temporarily halts enforcement while a legal challenge proceeds.

Emergency reprieve granted

(x/@ReutersLegal)
US District Judge Angel Kelley blocked the expiration of TPS for South Sudanese nationals, just days before the January 5 deadline (X/@ReutersLegal)

Judge Kelley granted the injunction in response to a lawsuit filed by four South Sudanese migrants along with the advocacy group African Communities Together.

The ruling pauses a November directive from DHS Secretary Kristi Noem, who argued that conditions in South Sudan had sufficiently improved to justify ending TPS. The administration cited what it described as renewed peace and improved diplomatic stability.

Kelley, a Joe Biden appointee, found that the plaintiffs raised serious legal questions warranting a halt to the termination while the case is litigated. The lawsuit alleges the decision was unlawful and driven by racial discrimination, in violation of the Fifth Amendment.

"The court’s decision is a lifeline for hundreds of families who faced the terrifying prospect of being forced back to a country still ravaged by violence," a spokesperson for African Communities Together said in a statement following the ruling.

'Humanitarian crisis' ignored

The plaintiffs sharply disputed DHS’ assessment of conditions in South Sudan, pointing to ongoing instability since the country gained independence in 2011.

A prolonged civil war has killed an estimated 400,000 people and displaced millions. Despite claims of stabilization, the US State Department continues to list South Sudan under a ‘Do Not Travel’ advisory due to armed conflict, violent crime, and kidnapping risks.

Attorneys for the migrants argued that DHS ignored these warnings and ongoing humanitarian concerns in order to advance a tougher immigration posture.

DHS' move to end TPS for multiple nations

ORLANDO, FLORIDA - FEBRUARY 27: South Dakota Gov. Kristi Noem addresses the Conservative Political A
DHS Secretary Kristi Noem argued that 'renewed peace' in South Sudan justified ending the protections, a claim disputed by human rights groups (Getty Images)

The attempted termination of South Sudan’s TPS designation is part of a broader effort by DHS to roll back protections for multiple countries.

The department has moved to end TPS for nationals from Haiti, Venezuela, Cuba, Nicaragua, and Syria, triggering a wave of lawsuits nationwide.

Before the court’s intervention, a DHS spokesperson defended the South Sudan decision, stating that "with renewed peace" the designation had reached its intended endpoint.

What happens next?

For roughly 232 South Sudanese TPS holders and several dozen applicants awaiting approval, the ruling means deportation protections and work authorization will remain in place past the January 5 deadline.

The lawsuit will now proceed on the merits, with the court set to determine whether DHS lawfully ended the designation. Legal analysts say the outcome could influence similar TPS cases currently pending in federal courts across the country.

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