Federal Judge Issues Stay on Temporary Protected Status for Somalia

A federal judge in Massachusetts has issued a new administrative stay preventing the Trump administration from terminating Temporary Protected Status (TPS) for Somalia. U.S. District Judge Allison Burroughs, appointed by former President Barack Obama, issued the stay following an amended complaint from plaintiffs, including African Communities Together, which alleges that the termination violates the Fifth Amendment due to racial and national-origin discrimination. This ruling comes after a federal appeals court recently overturned similar stays for Ethiopia and South Sudan. The plaintiffs argue that the decision to revoke TPS for Somalia was predetermined and lacked due process, citing statements made by former President Donald Trump regarding Somali immigrants. DHS General Counsel James Percival criticized the ruling, claiming it reflects judicial obstruction, while Iowa Solicitor General Eric Wessan argued that the claims in the lawsuit are legally deficient. Burroughs has been overseeing the Somalia TPS litigation since earlier this year, initially issuing a stay in March.