U.S. court nullifies termination of TPS for South Sudanese nationals

BOSTON — A United States federal court has issued an order halting the termination of Temporary Protected Status (TPS) for South Sudan, offering critical relief to hundreds of South Sudanese nationals who were facing the imminent loss of legal status and possible deportation.

In a memorandum and order issued Tuesday and obtained by Sudans Post on Tuesday, United States District Judge Angel Kelley granted an administrative stay suspending the Department of Homeland Security’s (DHS) decision to end South Sudan’s TPS designation. The termination had been scheduled to take effect at 12:00 a.m. on January 6, 2026.

The case was brought by African Communities Together alongside four South Sudanese plaintiffs—identified in court documents as Mary Doe, David Doe, Peter Doe, and Jacob Doe—against DHS, U.S. Citizenship and Immigration Services (USCIS), DHS Secretary Kristi Noem, and the United States government. The plaintiffs argue that the decision to terminate TPS exposes South Sudanese nationals to grave risks and violates administrative law requirements.

According to court filings, the termination would have directly affected approximately 232 South Sudanese nationals currently protected under TPS, as well as 73 individuals with pending TPS applications. Without the court’s intervention, beneficiaries would have immediately lost lawful immigration status, work authorization, and protection from detention and deportation.

In her ruling, Judge Kelley stressed that allowing the policy to take effect before full judicial review could result in irreparable harm, including forced removal to a country still grappling with insecurity and humanitarian challenges. She also noted that even a temporary lapse in legal status could permanently damage individuals’ eligibility for future immigration relief, even if TPS were later restored.

While the court stopped short of ruling on the merits of the case, Judge Kelley emphasized that the administrative stay was necessary to preserve the status quo and give the assigned district judge adequate time to carefully examine the complex legal, humanitarian, and national interest considerations involved.

“Administrative stays are not a reflection of the merits,” the judge wrote, explaining that such measures allow courts to avoid rushed decisions in cases with serious and far-reaching consequences. She acknowledged that blocking executive action is a significant step but found it justified given the potential harm to affected individuals.

As a result of the stay, the TPS termination decision is deemed null, void, and of no legal effect for its duration. South Sudanese TPS holders will continue to enjoy lawful status, eligibility for employment authorization, and protection from deportation and detention. The order also extends protections to individuals with pending TPS applications, allowing them to remain eligible for work authorization and protection from removal while their cases are reviewed.

The court adopted an expedited briefing schedule to ensure swift consideration of the matter. The government is required to file its opposition to the plaintiffs’ motion by January 9, 2026, while the plaintiffs must submit their reply by January 13, 2026. The assigned district judge may schedule oral arguments if deemed necessary.

The administrative stay will remain in effect until further order of the court or intervention by a higher court, leaving the future of South Sudan’s TPS designation dependent on the outcome of the legal challenge.

Temporary Protected Status is granted to nationals of countries experiencing armed conflict, environmental disasters, or other extraordinary conditions that make safe return impossible. South Sudan has held a TPS designation for several years due to ongoing instability, and the court’s decision underscores the high legal and humanitarian stakes surrounding its potential termination.