A federal judge issued an order on Tuesday that temporarily prevents the Department of Homeland Security from ending temporary protected status for roughly 300 South Sudanese nationals who reside in the United States based on the potential danger they face in the event of deportation.
U.S. District Judge Angel Kelley, who was appointed in 2021 by then-President Joe Biden, ruled against the federal government in favor of immigrant rights organization African Communities Together and several South Sudanese immigrants designated as TPS holders.
The administrative stay does not address the case’s underlying legal merits. A final decision in the case will be determined after the judge receives all written briefings from both sides by Jan. 13, 2026.
“Because of the serious consequences at stake, both for the Plaintiffs and the Defendants, the Court finds an administrative stay appropriate, as it would ‘minimize harm,’ while allowing the assigned District Court Judge the time this case deserves,” Kelley wrote in her ruling.
Homeland Security Secretary Kristi Noem’s decision to terminate TPS for South Sudan was slated to take effect at midnight on Jan. 6.
In a statement to the Washington Examiner, DHS Assistant Secretary Tricia McLaughlin criticized the judge and justified the termination, citing the need to improve conditions in South Sudan.
“Yet another lawless and activist order from the federal judiciary who continues to usurp the President’s constitutional authority,” she said. “Under the previous administration, Temporary Protected Status was abused to allow violent terrorists, criminals, and national security threats into our nation. TPS was never designed to be permanent. With the renewed peace in South Sudan, their demonstrated commitment to ensuring the safe reintegration of returning nationals, and improved diplomatic relations, now is the right time to conclude what was always intended to be a temporary designation.”
There are about 232 South Sudanese nationals who currently hold lawful status in the U.S. under the temporary deportation protections, and another 73 who have pending applications.
The plaintiffs argued that the termination would put the nationals at risk of deportation and potentially cause irreparable harm. The judge agreed, citing a risk of “deadly harm” if South Sudanese TPS holders returned to their native country.
South Sudan is currently mired in ongoing violence and a severe humanitarian crisis despite a 2018 peace agreement. The nation gained independence in 2011 after decadeslong civil wars with Sudan. The conflicts were driven, in part, by religious differences. South Sudan is mainly Christian, while Sudan is predominantly Muslim.
FEDERAL JUDGE RULES TRUMP ADMINISTRATION CAN SHARE ILLEGAL IMMIGRANTS’ MEDICAID DATA WITH ICE
In November, Noem determined that the conditions in South Sudan no longer met the TPS statutory requirements and that allowing South Sudanese nationals to remain in the U.S. temporarily was contrary to national interests.
DHS is facing numerous lawsuits after ending TPS for immigrants from many countries, including Afghanistan and Haiti.
