A federal judge in the United States has issued a significant ruling, blocking the Trump administration's plans to end a programme shielding hundreds of South Sudanese nationals from deportation.
Legal Challenge Halts Termination of Protected Status
On Tuesday, US District Judge Angel Kelley in Boston granted an emergency request to prevent the termination of Temporary Protected Status (TPS) for South Sudanese migrants. The order stops the protections from expiring as planned after 5 January.
The legal action was brought by four migrants from South Sudan alongside the non-profit organisation African Communities Together. Judge Kelley, who was appointed by President Joe Biden, issued the ruling after the group sued the US Department of Homeland Security (DHS).
Background of Conflict and Protection
The lawsuit argued that the DHS's action was unlawful and would force individuals to return to a nation still grappling with severe humanitarian emergencies. South Sudan, which gained independence in 2011, has been ravaged by conflict, including a five-year civil war that ended in 2018 and claimed an estimated 400,000 lives.
The United States first designated South Sudan for TPS in 2011. This status is granted to nationals of countries affected by armed conflict, natural disasters, or other extraordinary conditions, providing work authorisation and temporary protection from removal.
According to the court filings, approximately 232 South Sudanese nationals are current beneficiaries of TPS in the US, with a further 73 applications pending.
Administration's Move and Legal Arguments
The case was triggered by a notice published on 5 November by Homeland Security Secretary Kristi Noem, which declared that South Sudan no longer met the conditions for TPS designation and would be terminated. The DHS has pursued similar actions regarding TPS for several other nations, including Syria, Venezuela, Haiti, Cuba, and Nicaragua.
A DHS spokesperson stated prior to the ruling that, with "renewed peace" and improved diplomatic relations, concluding the "temporary designation" was appropriate.
However, the plaintiffs contended that the agency's decision violated the TPS statute, ignored the dire conditions persisting in South Sudan, and was motivated by unconstitutional discrimination against non-white migrants under the Fifth Amendment.
The US Department of State currently advises citizens against all travel to South Sudan, underscoring the ongoing instability that formed a central pillar of the judge's decision to extend this critical immigration protection.
