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By Anna Commander
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The Trump administration received a new legal victory in its effort to end Temporary Protected Status (TPS) for Somali immigrants after U.S. District Judge Allison D. Burroughs, a nominee of former President Barack Obama, allowed the termination of the program to move forward.
The latest decision comes after the U.S. Supreme Court narrowed the ability of federal courts to review challenges to TPS terminations, changing the legal landscape surrounding the case.
TPS provides temporary protection from deportation and work authorization to eligible nationals of countries facing armed conflict, natural disasters or other extraordinary and temporary conditions. The Trump administration announced in January that it would terminate Somalia’s TPS designation, arguing that conditions in the country had improved enough for the designation to no longer be warranted. The termination was initially set to take effect in March, but Burroughs temporarily blocked it while the legal challenge proceeded, Reuters reported.
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Council on American-Islamic Relations (CAIR-Minnesota) Executive Director Jaylani Hussein said in a released statement sent to Newsweek on Friday, "This is a deeply disappointing ruling, but it is not the end of the legal challenge. At a time when Somali Americans have faced sustained targeting and attacks from the Trump administration, this decision only deepens the fear and uncertainty facing our community.
“If TPS protections do not apply to Somalia under the conditions it faces today, then we have to ask what remains of the program’s purpose. The U.S. government itself classifies Somalia at Level 4, ‘Do Not Travel,’ its highest danger designation. Somalia represents precisely the kind of extraordinary conditions TPS was created to address. Ending these protections sets a dangerous precedent that reaches far beyond Somali TPS holders and threatens the future and integrity of the entire TPS program.”
Newsweek reached out to the Department of Homeland Security (DHS) via email on Friday for comment.
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What to Know
In her latest order, Burroughs emphasized the seriousness of the case and pushed back against criticism of the court, saying judges must resolve complicated disputes according to the law regardless of whether they agree with the underlying policy.
She also acknowledged the “life altering consequences” of the decision for Somali TPS beneficiaries. "Here, the Court
took the time that it felt was necessary to review the briefing, do research, come to a reasoned decision, and prepare an order, given the significant issues not resolved by Mullin and the life altering consequences of this decision for the affected Somali TPS beneficiaries," it said in a footnote of Burrough's ruling in part.
Her comments underscore the tension surrounding the case**—**while the administration argues that TPS is temporary by definition and that conditions in Somalia have improved, advocates have warned that returning some beneficiaries could expose them to family separation and potentially unsafe conditions.
The Somalia case is part of a broader effort by the Trump administration to roll back TPS protections for migrants from multiple countries. The administration has moved to terminate protections for nationals of countries including Haiti, Syria, Ethiopia and others. The court’s June ruling on TPS significantly strengthened the administration’s position by finding that federal courts generally cannot review the Secretary of Homeland Security’s decision to terminate a country’s TPS designation, although constitutional claims can still be litigated.
The decision could therefore have consequences beyond the Somali community, as it demonstrates how the administration’s broader TPS rollback is being shaped by both executive action and a series of court battles.
For Somali TPS holders, the ruling removes a major legal barrier to the termination of their status and potentially leaves roughly 1,100 people facing the loss of protection from deportation and work authorization, as reported by Reuters.
DHS Says Leave Now or Be Deported
In a post to X on Friday, DHS seemingly reacted to the ruling, saying, "Termination of TEMPORARY Protected Status is now in effect for the following countries. For those with terminated TPS: LEAVE NOW or be DEPORTED."
Reacting to the ruling, Representative Andy Ogles took to X on Friday and wrote: "HUGE NEWS: After I filed articles of impeachment against radical Obama-appointed Judge Allison Burroughs, she has DROPPED her blocking of President Trump’s deportation of Somali aliens under TPS. This is WHY maximum pressure works. Judges who violate the law deserve impeachment. America First!"
TPS Handed Legal Blows Earlier This Month
Two federal judges cleared the way for the Trump administration to end TPS for nationals of Burma, also known as Myanmar, and South Sudan, removing protections that had allowed thousands of people from the two countries to legally live and work in the United States.
The terminations took effect August 7, bringing an end to TPS protections for eligible nationals of both countries. For those affected, the change means they no longer have TPS-based protection from deportation or authorization to work in the U.S.
Before the termination, thousands of people from Burma and hundreds from South Sudan were living in the U.S. under TPS, according to Pew Research Center, making the rulings a significant development for both communities.
Contact Newsweek editors for this story: Jason Lemon, Anthony Murray, Gray R. Thomas.
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