On August 14, 2026, U.S. District Judge Allison Burroughs lifted an administrative stay and cleared the way for the Department of Homeland Security to terminate Temporary Protected Status (TPS) for Somalia. The decision strips nearly 1,100 Somalis of legal protections against deportation that have allowed them to live and work in the United States. The ruling applies the Supreme Court’s June 2026 decision in Mullin v. Doe and significantly narrows your options if you represent TPS holders facing termination.
What changed
Judge Burroughs lifted an administrative stay she had previously issued after the Supreme Court decided in Mullin that the judiciary had no power to review DHS’s termination of TPS. The termination affects approximately 1,082 people with approved Somalia-based TPS as of December 8, 2025, and another 1,383 with pending applications.
Burroughs wrote that though the Somali plaintiffs had made a compelling case, the high court ruling meant she was “bound … to view things through the Mullin prism”. The judge concluded that TPS recipients do not have a protected property right to future extensions because the decision to continue or terminate a country’s designation is discretionary, and ending the designation does not itself detain or remove anyone, though it can make former beneficiaries subject to future immigration enforcement.
The challengers failed to show they were unlikely to succeed on claims that unconstitutional racial animus motivated termination, with Judge Burroughs finding the race-discrimination arguments unlikely to succeed. The plaintiffs had argued the administration sought to end TPS for Somalia due to bias against non-white immigrants, pointing to Trump’s past descriptions of Somalis, but this theory was foreclosed by Mullin.
This termination follows the U.S. Supreme Court’s June 2026 ruling in Mullin v. Doe, which allowed the administration to end similar protections for Haiti and Syria, and curtailed the ability of judges to review DHS efforts under Trump to end TPS designations for 13 countries.
Why it matters
This ruling removes a critical tool from your litigation toolkit. Although Judge Burroughs acknowledged that plaintiffs had made a compelling showing of irreparable harm and that hardships favored them, Mullin limited the extent to which disparaging remarks made by Trump administration staff—arguments of racial animus—could be considered in judicial review. Equal protection and Fifth Amendment discrimination defenses that might have succeeded pre-Mullin are now largely off the table in district court.
The termination is now in effect. Somalia received its first TPS designation in 1991, and repeated extensions kept it alive for more than three decades. Clients with approved TPS will lose work authorization and deportation protection; pending applicants face denial.
Two other judges allowed the administration to similarly end TPS for South Sudan and Myanmar last week, and only the end of TPS for Ethiopia remains blocked by a judge. This pattern suggests rapid-fire terminations across the remaining 13 countries under Trump’s plan.
Way forward
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Immediate client notification: If you represent Somali TPS holders, contact them without delay. Advise them that TPS status has terminated and work authorization will expire. Document the termination date and expiration of employment authorization documents (EAD).
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Status re-evaluation: Review each client’s immigration history for alternative relief options—cancellation of removal, asylum, U visa, T visa, family-based petitions, or accrued presence under INA 245(c) waivers. Some may be deportable; others may have other avenues.
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Administrative appeals: While judicial review under Mullin is now severely limited, confirm whether any client challenges remain administratively viable (e.g., through USCIS reconsideration or administrative appeals).
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Monitor appellate activity: Plaintiffs may appeal Judge Burroughs’ decision to the U.S. Court of Appeals for the First Circuit. Monitor that court’s docket and subscribe to alerts on the case African Communities Together v. Mullin.
Disclaimer
This article is for informational purposes only and is not legal advice. The information reflects a district court decision as of August 14, 2026, and does not constitute a substitute for consultation with a licensed immigration attorney. Immigration policy can change without notice through agency action, executive order, or further court ruling. You must verify all claims against the primary source document linked above and consult current agency guidance before advising clients or preparing filings.