Court prevents DHS from terminating TPS protection for South Sudanese individuals

Stay Issued Against End of Temporary Protected Status for South Sudan

The U.S. District Court for the District of Massachusetts issued an administrative stay on Tuesday, blocking the Department of Homeland Security’s (DHS) decision to terminate Temporary Protected Status (TPS) for South Sudan.

This decision was scheduled to take effect on January 6. Court documents indicate that the DHS’s termination impacts about 73 South Sudanese individuals with pending claims, along with around 232 who currently hold protected legal status, potentially putting them at significant risk of deportation.

The lawsuit, filed by African Communities Together along with several South Sudanese TPS holders, contends that ending TPS will strip hundreds of South Sudanese nationals of their legal status, exposing them to deportation and risking severe, perhaps irreparable harm, should they be sent back to South Sudan.

Judge Angel Kelly, appointed by former President Biden in 2021, noted that the issue is “legally complex” and carries “serious and long-term consequences, which include risks of fatal harm.”

South Sudanese individuals with TPS or pending applications can still maintain their legal status, work permits, and protections against deportation and detention.

Since gaining independence in 2011—after a lengthy civil war with Sudan, where the population is predominantly Muslim—South Sudan has struggled with internal conflict. Fighting erupted in December 2013 between government forces and rebel groups, leading to massive casualties and immense displacement, with reports indicating nearly 2 million people forcibly displaced, according to the Global Data Institute.

A recent report highlighted ongoing violence, including incidents of conflict-related sexual violence and other crimes, effecting civilians, particularly women and children.

In neighboring Sudan, the disintegration of a military alliance in 2023 has raised alarm regarding human rights and displacement issues. Approximately 12 million people have fled their homes amid allegations against paramilitary forces for various atrocities.

In early December, a drone strike purportedly ordered by paramilitary forces targeted a kindergarten and a nearby hospital in South Kordofan, resulting in tragic fatalities, including numerous children.

The administrative stay does not signify a conclusion regarding the case’s merits. The DHS has until January 9 to challenge the decision, while plaintiffs need to respond by January 13.