Federal judges Patti B. Saris and Matthew F. Kennelly cleared the way for the Trump administration to end Temporary Protected Status (TPS) for nationals of South Sudan and Myanmar. These decisions, alongside a similar ruling by Judge Ana Reyes affecting 350,000 Haitians, follow a June 2026 Supreme Court precedent that severely limited judicial review of TPS terminations. While DHS General Counsel James Percival celebrated the rulings, immigrant advocacy groups warned that vulnerable families are being exposed to deportation to highly unstable and dangerous home countries.
Federal court TPS termination rulings
- ▪U.S. District Judge Matthew F. Kennelly ruled on August 7, 2026, to dismiss challenges and allow the termination of Temporary Protected Status for nationals of Myanmar.
- ▪Judge Patti B. Saris rejected arguments that only the Attorney General holds authority to terminate Temporary Protected Status, concluding Congress transferred that authority to the Department of Homeland Security in 2002.
- ▪U.S. District Judge Patti B. Saris ruled on August 7, 2026, that the Department of Homeland Security may proceed with terminating Temporary Protected Status for South Sudanese nationals.
- ▪U.S. District Judge Ana Reyes issued an order on August 5, 2026, officially allowing the Trump administration to end Temporary Protected Status for roughly 350,000 Haitians.
Supreme Court limits judicial review
- ▪The U.S. Supreme Court ruled 6-3 in June 2026 in Mullin v. Doe, allowing the Trump administration to terminate Temporary Protected Status for Haiti and Syria.
- ▪The Supreme Court's June 2026 decision determined that federal immigration law prevents lower courts from reviewing Department of Homeland Security decisions to end Temporary Protected Status designations.
South Sudan Myanmar Haiti protections
- ▪The Department of Homeland Security moved in November to terminate Temporary Protected Status for South Sudan, affecting approximately 232 beneficiaries and 73 applicants.
- ▪The Department of Homeland Security moved in November to terminate Temporary Protected Status for Myanmar, which would end protections for about 4,000 people.
- ▪The Department of Homeland Security stated that South Sudan no longer satisfies Temporary Protected Status conditions because there is no longer an ongoing armed conflict posing a serious threat.
Deportation exposure for TPS holders
- ▪U.S. Immigration and Customs Enforcement has begun calling some Haitian immigrants into offices to be fitted with ankle monitors as an alternative form of detention.
- ▪Department of Homeland Security Secretary Markwaye Mullin stated that individuals with expired Temporary Protected Status must self-deport or face arrest and removal.
- ▪U.S. Citizenship and Immigration Services stated that temporary work permits issued to South Sudanese nationals under the program will expire on August 10, 2026.
Immigrant advocacy group response
- ▪Global Refuge CEO Krish O’Mara Vignarajah condemned the South Sudan ruling, stating that the country is on the brink of returning to an all-out civil war.
- ▪Lupe Aguirre of the International Refugee Assistance Project criticized the rulings, stating that the Supreme Court decision has severely constrained lower courts from intervening in the administration's campaign.
Story comments
Loading comments…