Judicial Pause on Termination
On Tuesday, Judge Angel Kelley of the U.S. District Court issued an administrative stay that prevents the Department of Homeland Security from ending Temporary Protected Status for South Sudanese nationals.
The termination had been set for 12:00 a.m. on 6 January 2026, but is now “null, void and of no legal effect” until further court order.
Stakes for Hundreds of Lives
Roughly 232 South Sudanese already registered under TPS, plus 73 with pending applications, would have lost lawful status, work permits and protection from detention without the stay.
“Even a temporary lapse could permanently damage future immigration options,” the judge cautioned, citing potential removal to a country still burdened by insecurity.
Arguments Presented by Plaintiffs
African Communities Together and four South Sudanese plaintiffs contend the termination violates administrative law and ignores humanitarian risks. They filed suit against DHS, USCIS, Secretary Kristi Noem and the federal government.
They argue the agency failed to weigh armed conflict and humanitarian conditions in South Sudan, thereby exposing returnees to “grave risks” (court filings).
Government Response Timeline
The court adopted an expedited schedule. Government briefs are due 9 January 2026; plaintiffs reply by 13 January. Oral arguments may follow if the assigned judge deems them useful.
Until a higher court or later order intervenes, TPS holders keep legal status, employment eligibility and protection from deportation.
What TPS Means
Temporary Protected Status shields nationals from countries facing armed conflict, natural disasters or extraordinary conditions. South Sudan has benefited since 2011, reflecting continued volatility.
Advocates say the pause affirms the program’s role as a “vital humanitarian safeguard” while courts review policy choices.