A federal judge in Massachusetts has cleared the way for the Trump administration to terminate Temporary Protected Status (TPS) for 1,100 Somali nationals living in the United States, a decision that could expose them to deportation if they lack other legal pathways to remain.
On August 14, U.S. District Judge Allison Burroughs lifted a stay that had previously blocked the Department of Homeland Security (DHS) from ending Somalia’s TPS designation. The ruling follows a June 2026 Supreme Court decision in Mullin v. Doe, which sharply limited judicial review of similar administration actions, allowing the termination to proceed.
Core Facts of the Ruling
- Judge’s Action: Burroughs, an appointee of former President Barack Obama, vacated the stay in a lawsuit brought by four Somali TPS holders and two advocacy groups—African Communities Together and Partnership for the Advancement of New Americans.
- Legal Basis: The court cited the Supreme Court’s ruling in Mullin v. Doe, which barred judicial review of non-constitutional decisions to terminate TPS designations and weakened plaintiffs’ equal protection claims.
- Immediate Impact: The termination of Somalia’s TPS status is now permitted, though enforcement actions against affected individuals would still require adherence to due process protections under the Constitution.
Background and Context
TPS was first granted to Somalia in 1991 due to ongoing conflict and instability. The Trump administration announced its intent to terminate the designation in January 2026, with then-Homeland Security Secretary Kristi Noem stating that conditions in Somalia had sufficiently improved. The DHS argued that the country no longer warranted the humanitarian protections.
Legal Challenges and Counterarguments
The plaintiffs in the lawsuit contended that the administration’s decision was motivated by discriminatory intent, citing alleged “racially overt” statements by President Donald Trump and officials targeting Somali nationals. However, Judge Burroughs rejected this claim, writing that the court could not discern a path to success for the plaintiffs’ race-discrimination argument under the Supreme Court’s precedent.
The judge acknowledged the “life-altering consequences” of the decision for affected Somali TPS beneficiaries but noted that existing legal protections, such as due process requirements, would still apply to any enforcement actions. The ruling did not address the merits of the administration’s claim that conditions in Somalia had improved.
Policy Implications and Broader Impact
The decision aligns with the Trump administration’s broader efforts to terminate TPS designations for nationals of multiple countries, including Haiti and Syria, where similar legal challenges have been mounted. The Supreme Court’s Mullin v. Doe ruling has significantly curtailed the ability of lower courts to block such terminations, raising concerns among immigration advocates about the future of TPS protections for thousands of migrants.
For the 1,100 Somali nationals currently holding TPS, the ruling means their legal status in the U.S. is no longer protected by the designation, though the timing and enforcement of any deportation actions remain subject to further legal and administrative processes.