Two federal judges on Friday issued rulings that allow the Trump administration to proceed with plans to end deportation protections for thousands of people from South Sudan and Myanmar. The decisions by U.S. District Judges Patti Saris in Boston and Matthew Kennelly in Chicago lifted previous orders that had blocked the Department of Homeland Security (DHS) from terminating the Temporary Protected Status (TPS) designations for these two nations.
The rulings follow a June decision by the U.S. Supreme Court that permitted the administration to end similar protections for individuals from Haiti and Syria. That 6-3 Supreme Court ruling limited the authority of lower-court judges to review DHS efforts to end TPS for approximately one dozen countries. TPS is a program that provides temporary protection from deportation and work authorization to eligible migrants from countries experiencing natural disasters, armed conflicts, or other extraordinary events.
In their new legal challenge, immigrant-rights lawyers argued that DHS lacked the authority to terminate TPS, contending that only the attorney general held that power. Judge Saris rejected this argument, stating it would also call into question the department's longstanding authority to extend such protections. DHS general counsel James Percival stated that following these rulings, only the protections for Ethiopia and Somalia remain blocked by the courts.
The concrete day-to-day change for these residents will involve the expiration of their right to hold jobs legally in the U.S. and a change in their legal status that makes them subject to removal by Immigration and Customs Enforcement. While the source does not provide the specific calendar dates for when these work permits expire, the DHS move to terminate these designations began in November. The loss of income for 4,232 households could affect local economies and personal financial stability, as these individuals will no longer be permitted to remain in the U.S. workforce.
The rulings establish a precedent that reinforces the executive branch's authority, specifically through the Department of Homeland Security, to end humanitarian designations without extensive lower-court intervention. This aligns with the recent Supreme Court guidance that curtailed judicial review of these administrative actions. What happens next depends on potential further appeals or the implementation of final termination dates by DHS. Currently, the department continues to face legal blocks regarding TPS for Ethiopia and Somalia, but Percival has urged other courts to follow these latest precedents.