Hundreds of South Sudanese immigrants may soon lose their legal status to live and work in the United States as a federal judge reviews President Trump's directive to terminate Temporary Protected Status (TPS) for nationals from the East African nation. This significant change, set for enactment on January 6, 2026, could pave the way for deportations of approximately 300 individuals who are currently protected under this federal program.
Civil rights advocates filed a lawsuit against the Department of Homeland Security (DHS) late last year, claiming that the revocation violates administrative law and is unconstitutional, alleging it aims to decrease the number of non-white and non-European immigrants in the U.S.
U.S. District Judge Angel Kelley, presiding over the case, issued a temporary order to prevent the government from initiating deportations while deliberations continue, remarking on the significant and potentially irreversible damage this decision could inflict on East African migrants.
DHS has publicly criticized the court's intervention, with Assistant Secretary Tricia McLaughlin asserting that the decision strips the President's constitutional rights and claiming that TPS had been misused to admit security threats into the country.
McLaughlin contended that conditions in South Sudan are improving and labeled the TPS designation as unnecessary, despite contradicting information from UN officials about ongoing instability and the crippling humanitarian crisis stemming from years of conflict.
The origins of the TPS designation for South Sudanese individuals date back to 2011, as the country grappled with the effects of prolonged conflict. Current reports indicate that the nation's infrastructure remains severely impaired, leading to heightened levels of food scarcity and continued reliance on humanitarian aid, which has been affected by the current administration's extensive cuts to foreign assistance.
Activists and legal representatives for the South Sudanese community are denouncing the proposed changes, pointing out the incongruence between the DHS perspective and State Department advisories regarding safety and travel to South Sudan. Advocates view the abrupt move to eliminate TPS as politically charged retaliation, particularly following South Sudan’s insistence on ceasing to accept deportees from the U.S.
As this case unfolds, the implications for current TPS holders and future immigrants continue to loom large, highlighting the complexities of immigration policy in the current political climate.
