A liberal-led federal appeals court handed President Donald Trump two immigration victories Wednesday, reversing separate district court orders that had delayed the termination of Temporary Protected Status (TPS) for migrants from South Sudan and Ethiopia. The ruling eliminates an immediate legal barrier to the Trump administration’s effort to end TPS designations for both countries.
What changed
The judgments from the First Circuit Court of Appeals come after U.S. District Judges Brian Murphy and Patti Saris issued back-to-back orders temporarily blocking the Trump administration’s termination of TPS for Ethiopia and South Sudan, respectively, late last week. The three-judge First Circuit panel consisted of Judges Julie Rikelman and Seth Aframe, both appointed by President Joe Biden, and Judge Joshua Dunlap, who was appointed by President Donald Trump.
The appellate panel reversed both preliminary injunctions, allowing the administration to move forward with terminating TPS for nationals from these two countries.
Why it matters
For TPS holders from South Sudan and Ethiopia, this ruling eliminates the temporary legal stays that district courts had imposed. The reversal signals that federal appellate courts may be unwilling to second-guess executive TPS terminations on preliminary-injunction grounds—a significant shift in litigation strategy for practitioners defending TPS clients.
If you represent South Sudan or Ethiopia TPS holders, the reversal means:
- No automatic stay pending appeal: You can no longer rely on routine preliminary-injunction standards (likelihood of success, irreparable harm, balance of equities) to halt a TPS termination while litigation proceeds.
- Expedited timeline: Without appellate stays in place, the administration’s termination becomes effective more quickly, shortening the window for filing defensive motions or seeking additional relief.
- Precedent on judicial review: The panel’s decision may constrain other district courts’ willingness to issue comparable stays in future TPS cases.
Way forward
- Verify the exact termination date for South Sudan and Ethiopia TPS in USCIS guidance; communicate it clearly to all affected clients.
- Review alternative relief if your clients cannot return safely—consider asylum re-filing (if applicable), U visa or T visa eligibility, or other humanitarian protection avenues.
- Monitor for en banc or Supreme Court petitions by civil-rights organizations or the government; circuit court rulings can still be reversed or reheard.
- Document country conditions if clients have new persecution-based claims; a changed-country-conditions assessment may support a fresh TPS designation request or asylum application after the termination takes effect.
Disclaimer
This article is for educational purposes only and does not constitute legal advice. The information is based on the source document linked above and should not be relied upon as a substitute for advice from a licensed immigration attorney. Immigration policy can change without notice; you must verify all information against the primary source and current agency guidance before advising a client or filing a petition.