The judge said that Somalis could face substantial impacts if the termination of special protections took effect while the case is ongoing.
A federal judge on March 13 temporarily blocked the U.S. Department of Homeland Security (DHS) from ending temporary protected status (TPS) for Somali nationals in the United States.
U.S. District Judge Allison D. Burroughs in Massachusetts issued the order following a lawsuit filed by four Somali nationals and two nonprofits—African Communities Together and the Partnership for the Advancement of New Americans—arguing that Somalis would face harm if their legal status were revoked.
TPS is a designation that allows individuals from countries affected by armed conflict, natural disasters, or other extraordinary events to remain in the United States.
DHS announced earlier this year that TPS for Somalia would end on March 17, saying that the country’s current conditions have improved and no longer warrant protection under the program.
In her ruling on March 13, Burroughs said that Somalis could face substantial consequences if the TPS termination were able to proceed while the legal challenge is still ongoing.
“Plaintiffs aver that if Somalia’s TPS designation is allowed to terminate, over one thousand people will face ‘a myriad of grave risks,’ including detention and deportation, physical violence if removed to Somalia, and forced separation from family members,” the judge said.
“On the other hand, if the court postpones the effective date of a decision committed to the executive branch by Congress, it risks harmful interference with its coordinate branches of government.”
Burroughs granted the plaintiffs an administrative stay and deferred ruling on the TPS termination to give both sides time to file briefs on the plaintiffs’ emergency motion.
“While the stay is in effect, the termination shall be null, void, and of no legal effect,” the judge stated.
She said the DHS must ensure Somali nationals with TPS or those with pending applications retain their rights and protections, including eligibility for work authorization and protection from deportation.
The Legal Defense Fund, one of the organizations representing the plaintiffs, welcomed the judge’s order in a statement.
“Although today’s court order is temporary, and many battles lie ahead within this legal challenge, the plaintiffs and their legal team are heartened by the interim protection today’s order affords all Somali people in the U.S. who have TPS or pending TPS applications,” it stated.
The Biden administration in 2024 extended TPS for Somali nationals until March 17, 2026, citing “ongoing armed conflict and extraordinary and temporary conditions” within the country.
The DHS said on Jan. 14 that outgoing DHS Secretary Kristi Noem determined that Somalia no longer meets the conditions required for TPS designation after reviewing the country’s situation.
“Temporary means temporary,” Noem said in a Jan. 13 statement. “Further, allowing Somali nationals to remain temporarily in the United States is contrary to our national interests. We are putting Americans first.”
Reuters contributed to this report.
