A federal judge in Boston ruled Tuesday that the U.S. government may proceed with plans to terminate deportation protections for approximately 5,000 Ethiopian immigrants. U.S. District Judge Brian Murphy lifted the final remaining judicial injunction that had prevented the Department of Homeland Security (DHS) from ending Temporary Protected Status (TPS) for individual nations.
TPS is a federal program that provides work permits and immunity from deportation to citizens of countries experiencing armed conflict, natural disasters, or other extraordinary conditions. The Biden administration initially granted this status to Ethiopians in the U.S. in 2022 due to humanitarian hardship and conflict. However, DHS announced in December that it would end these protections, stating that conditions in Ethiopia no longer prevented a safe return.
Judge Murphy had previously blocked the termination in April, citing procedural concerns. His Tuesday decision to lift that block follows a June U.S. Supreme Court ruling that limited the power of judges to oversee DHS decisions regarding TPS revocations. Following the ruling, DHS General Counsel James Percival stated on social media that "All TPS terminations are in effect!"
The ruling sets a significant legal precedent by affirming the executive branch's authority to revoke humanitarian protections without extensive judicial interference. This follows similar recent court actions affecting thousands of migrants from Haiti, Syria, Somalia, Myanmar, and South Sudan. The DHS argues that the statutory authority to manage these designations allows the government to end them when it deems conditions have sufficiently improved in the home countries.
While the injunction has been lifted, the litigation is not entirely over. Judge Murphy ruled that the plaintiffs can proceed with a separate legal claim investigating whether the DHS acted with racial or national origin animus in violation of the Fifth Amendment. The plaintiffs allege the administration targeted non-white and non-European populations for deportation while ignoring ongoing dangers in their home nations. A date for future court proceedings on those specific constitutional claims was not reported.