At a Glance
- The federal judge is weighing the legality of President Trump’s revocation of Temporary Protected Status for South Sudanese.
- The termination, set for January 6 2026, could lead to deportation of roughly 300 South Sudanese already in the U.S.
- Judge Angel Kelley has temporarily barred any deportations while the case is pending.
Why it matters: The ruling could preserve legal status for hundreds of South Sudanese and spotlight judicial checks on executive immigration policy.
A federal judge in Massachusetts has stepped in to halt the Trump administration’s plan to strip Temporary Protected Status (TPS) from South Sudanese immigrants, raising a legal battle over executive power and racial discrimination claims.
Temporary Stay Issued by Judge
Judge Angel Kelley issued a court order that temporarily bars the federal government from initiating deportations of South Sudanese under TPS while the final decision is pending. He warned that the changes could cause irreversible harm to East African migrants and called for a full consideration of the merits.
- TPS termination scheduled for January 6 2026
- Roughly 300 South Sudanese nationals currently in the U.S.
- Court order delays potential deportations until final ruling
DHS Responds with Strong Criticism
DHS Assistant Secretary Tricia McLaughlin blasted the decision as a “lawless and activist order” that usurps presidential authority. She argued that TPS had been abused to bring in “violent terrorists, criminals, and national security threats.” McLaughlin also claimed that “renewed peace in South Sudan” and “improved diplomatic relations” justify ending the protection, stating, “Now is the right time to conclude what was always intended to be a temporary designation.”
Tricia McLaughlin stated:
> “Yet another lawless and activist order from the federal judiciary who continues to usurp the President’s constitutional authority. Under the previous administration Temporary Protected Status was abused to allow violent terrorists, criminals, and national security threats into our nation.”
DHS Assistant Secretary Tricia McLaughlin added:
> “Now is the right time to conclude what was always intended to be a temporary designation.”
Civil Rights Lawsuit Highlights Racial Motive
Civil rights groups filed a lawsuit in late December, alleging that the Trump administration’s move violates administrative procedure and is unconstitutional because it seeks to “significantly reduce the number of non-white and non-European immigrants” based on race. The complaint also claims that the change targets South Sudanese specifically to make America “whiter.”
Dorian Spence, litigation coordinator for Communities United for Status and Protection, said:
> “I don’t know how DHS can say with a straight face that it’s safe for South South Sudanese TPS holders to return to South Sudan when their own State Department, albeit another government agency, says is not safe to travel there.”
Dorian Spence added:
> “This is only one prong in their multi-pronged attack into making America whiter, noting Trump’s willingness to accept white South Africans as refugees.”
Context: South Sudan’s Struggles
South Sudan was granted TPS in 2011. The country remains war-torn, heavily reliant on aid, and faces famine-risk in parts of the country. The U.N. panel notes that “years of neglect have fragmented government and opposition forces alike,” creating a “patchwork of uniformed soldiers, defectors and armed community defense groups.”
| Country | TPS Status | Current Threat |
|---|---|---|
| South Sudan | At risk | Conflict, famine |
| Ethiopia | At risk | Conflict |
| Cameroon | At risk | Conflict |
| Afghanistan | At risk | Conflict |
| Nepal | At risk | Conflict |
| Burma | At risk | Conflict |
| Syria | At risk | Conflict |
| Nicaragua | At risk | Conflict |
| Honduras | At risk | Conflict |
Broader Implications
The Trump administration has also ended TPS for Venezuelans, Haitians, and other groups. Critics say the move is retaliation for South Sudan’s decision to stop accepting deportees from the U.S. as part of a third-country deportation program. At least eight men were deported to South Sudan earlier this year, fueling accusations of political retaliation.
Key Takeaways
- Judge Angel Kelley‘s temporary stay protects 300 South Sudanese from deportation until the case resolves.
- DHS claims TPS abuse; civil rights groups argue the move is racially motivated.
- TPS for several other countries, including Ethiopia and Afghanistan, may also be jeopardized.
The legal showdown underscores the tension between executive immigration policy and judicial oversight, with significant consequences for thousands of immigrants worldwide.
