South Sudanese Nationals, Advocates Sue US Over TPS Termination

Lawsuit Challenges End of Temporary Protected Status

Immigrant rights advocates and South Sudanese migrants have filed a federal lawsuit in a Boston court, challenging the Trump administration's decision to terminate Temporary Protected Status (TPS) for over 200 South Sudanese nationals. The lawsuit, filed recently, argues that the Department of Homeland Security's (DHS) action is unlawful, discriminatory, and disregards the persistent instability and humanitarian crisis in South Sudan.

The termination of TPS for South Sudan is scheduled to take effect on January 5, 2026, potentially placing approximately 232 South Sudanese nationals who currently benefit from the status, along with 73 individuals with pending applications, at risk of deportation.

Plaintiffs' Arguments: Unlawful and Discriminatory Termination

The lawsuit was brought by four South Sudanese migrants and the advocacy group African Communities Together (ACT). They are represented by organizations including Muslim Advocates, Haitian Bridge Alliance, and Covington & Burling LLP, with coordination from Communities United for Status & Protection (CUSP).

The plaintiffs contend that the administration's decision violates the statute governing the TPS program and ignores the dire conditions in South Sudan. South Sudan has experienced significant violence since its independence in 2011, including a civil war from 2013 to 2018 that resulted in an estimated 400,000 deaths. Advocates emphasize that the country remains deeply unstable, with ongoing conflict and humanitarian challenges.

Furthermore, the lawsuit alleges that the termination is motivated by discriminatory animus against non-white migrants, thereby violating the Fifth Amendment of the U.S. Constitution's Equal Protection Clause. Amaha Kassa, executive director of African Communities Together, stated, 'This pattern reveals the administration's true agenda: stripping protections from immigrant communities of colour regardless of the dangers they face.' The plaintiffs also argue that the administration failed to follow required statutory procedures under the Administrative Procedures Act.

Administration's Stance and Broader Context

The Department of Homeland Security (DHS) Secretary Kristi Noem announced the termination of TPS for South Sudan on November 5, stating that the country 'no longer meets the conditions' for the designation. The DHS determined that 'the situation in South Sudan no longer meets the criteria for an ongoing armed conflict that poses a serious threat to the personal safety of returning South Sudanese nationals.' The United States initially granted TPS to South Sudanese nationals in 2011.

This decision aligns with a broader pattern by the Trump administration to end TPS designations for nationals from several other countries, including Syria, Venezuela, Haiti, Cuba, Nicaragua, El Salvador, Honduras, Nepal, and Sudan. Many of these terminations have also prompted legal challenges in U.S. courts. As of the filing of the lawsuit, the Department of Homeland Security had not issued a public response to inquiries regarding the legal challenge.