A Massachusetts federal judge has once again blocked the Trump administration from ending Temporary Protected Status (TPS) for Somalia, issuing a new administrative stay after plaintiffs rewrote their lawsuit around constitutional claims just days after a federal appeals court threw out similar stays terminating TPS for Ethiopia and South Sudan. U.S. District Judge Allison Burroughs, appointed by former President Barack Obama, issued the administrative stay Friday after African Communities Together and other plaintiffs filed an amended complaint alleging Fifth Amendment due process violations.
What changed
Judge Allison Burroughs issued a new administrative stay blocking the Trump administration from ending Somalia TPS after plaintiffs alleged Fifth Amendment due process violations. This is the second time since the litigation began that Judge Burroughs has intervened. On March 13, she initially entered an administrative stay preventing the Somalia TPS termination from taking effect while the litigation proceeded.
The amended complaint contains new allegations centered on constitutional rather than administrative-law grounds. The plaintiffs argue that the Trump administration’s decision to terminate Somalia TPS was motivated by racial and national-origin discrimination in violation of the Fifth Amendment.
Why it matters
For practitioners representing Somali TPS beneficiaries, this stay preserves legal status and work authorization while the underlying litigation proceeds. The timing is significant: the stay was issued just days after a federal appeals court threw out similar stays terminating TPS for Ethiopia and South Sudan.
The shift to constitutional claims—rather than relying solely on Administrative Procedure Act (APA) grounds—is a litigation tactic worth noting. Plaintiffs appear to be pivoting around recent Supreme Court precedent that limits judicial review of TPS terminations on APA grounds, in hopes that Fifth Amendment due process claims may receive different treatment.
Your clients with Somali TPS remain eligible to work and reside in the United States while this case proceeds, but the outcome remains uncertain. Monitor docket activity in this case, as appeals and further rulings are likely.
Way forward
- Document status now: If you represent Somali TPS holders, ensure they have current work permit copies (EAD) and evidence of TPS status on file. The stay is administrative and could change on appeal.
- Monitor class composition: Confirm whether your clients fall within the plaintiff class or any subclass that benefits from this stay.
- Track parallel litigation: Watch for developments in Ethiopia and South Sudan TPS cases in the same circuit and appeals court. Adverse rulings there could weaken the legal theory here.
- Prepare contingency plans: Advise clients that any TPS status remains temporary and subject to court reversal. Discuss longer-term immigration options (asylum, cancellation of removal, family-based petitions) where applicable.
Disclaimer
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