Federal Judge Clears Path for Trump Administration to End Temporary Protected Status for Somalis

A federal judge delivered a significant ruling on Friday, clearing the way for the former Trump administration's decision to end temporary legal protections for thousands of Somali nationals residing in the United States.

U.S. District Judge Allison Burroughs, based in Boston, rescinded a prior stay that had prevented the Department of Homeland Security (DHS) from terminating Somalia's designation under Temporary Protected Status (TPS). Her decision referenced a Supreme Court ruling from June, which significantly narrowed the scope of judicial review for similar executive actions.

This development permits the federal government to advance with the termination of TPS for Somalia. Consequently, affected migrants who do not possess an alternative lawful basis to remain in the U.S. could face deportation.

Background of the Legal Challenge

Judge Burroughs, an appointee of former President Barack Obama, had previously issued an injunction blocking the termination. This initial legal challenge was brought forth by four Somali nationals and two advocacy organizations, including African Communities Together.

The Trump administration had announced its intention to end Somalia's TPS designation in January. At the time, then-Homeland Security Secretary Kristi Noem asserted that conditions within Somalia had improved sufficiently to warrant discontinuing the humanitarian protections.

Impact of the Supreme Court's Decision

The Supreme Court's ruling in June, in the case of Mullin v. Doe, established that the TPS statute restricts judicial review of certain non-constitutional decisions made by the administration regarding TPS terminations. Furthermore, the high court indicated that the plaintiffs' equal protection challenge in that particular case was unlikely to succeed.

This landmark ruling diminished the authority of lower courts to scrutinize the Trump administration's efforts to revoke TPS designations for citizens of various countries.

Plaintiffs' Arguments and Judge's Deliberation

Plaintiffs contesting the termination of Somalia's designation contended that the administration's decision was influenced by prejudice against non-White immigrants. They highlighted former President Trump's past remarks, in which he reportedly described Somalis as "garbage" and "low IQ people."

Following the Supreme Court's decision, the plaintiffs submitted an amended complaint, introducing new constitutional claims and seeking emergency relief in a renewed attempt to prevent the cessation of Somalia's TPS protections.

Earlier this month, Judge Burroughs had issued an administrative stay after African Communities Together and other plaintiffs alleged that the administration had violated the Fifth Amendment by terminating Somalia's TPS designation based on discrimination related to race and national origin.

In her ruling on Friday, Judge Burroughs acknowledged that the plaintiffs had presented a compelling case. However, she ultimately concluded that the Supreme Court's decision constrained her ability to continue blocking the administration's action.

"Plaintiffs have made a convincing showing that they will suffer irreparable harm if the injunction is withheld … and the balance of hardships and the public interest also favor Plaintiffs, given that the government has made no showing that maintaining TPS status for the duration of this litigation would impose an undue burden," she wrote.

Despite these findings, Judge Burroughs lifted the stay, thereby allowing the administration's termination of Somalia's TPS designation to proceed. She stated that she was "bound … to view things through the Mullin prism," referring to the Supreme Court case.

The Trump administration's decision impacts several thousand Somali nationals who currently reside in the United States under TPS.