December 30, 2025
Issue: Muslim Ban
Federal Court Grants Temporary Emergency Stay of TPS Termination for South Sudan
Contact: Golnaz Fakhimi, [email protected]; 202-655-2969
The U.S. District Court for the District of Massachusetts has temporarily paused the termination of South Sudan’s designation for Temporary Protected Status (TPS), in order to enable full briefing from the parties on the Plaintiffs’ pending request for emergency postponement of the termination.
(Boston, M.A.) – This morning, a federal District Court judge in the District of Massachusetts granted advocates’ request for an interim stay of the impending termination of South Sudan’s Temporary Protected Status (TPS) designation. The termination was set to take effect at 12:00am on January 6, 2026, but has been temporarily paused by this morning’s court order, which states:
“During the period of the stay of the termination, the termination shall be null, void, and of no legal effect. Thus, the legal consequences of being in TPS status based on South Sudan’s designation shall continue to apply, including being eligible for work authorization and having protection against deportation and detention based on TPS status. The legal consequences of having a pending TPS application based on South Sudan’s designation shall also continue to apply, including eligibility for work authorization and having protection against deportation based on a pending TPS application.”
The pause of the termination of South Sudan’s TPS will remain in effect temporarily, pending further court order. The Defendants must submit to the District Court by January 9, 2026, any arguments opposing emergency postponement of the termination, and the Plaintiffs must submit by January 13, 2026, any reply arguments in support of emergency postponement.
The Plaintiffs in the lawsuit are African Communities Together (ACT) and four South Sudanese community members who have lived and worked in the U.S. for many years and who face grave harms if TPS for South Sudan terminates imminently and unlawfully. The Plaintiffs are represented by Muslim Advocates, Haitian Bridge Alliance, and Covington & Burling LLP, in a lawsuit coordinated by Communities United for Status and Protection (CUSP).
Although this morning’s court order is temporary, and many battles lie ahead within this legal challenge, the Plaintiffs and their legal team are heartened by the interim protection this morning’s court order affords all South Sudanese people in the U.S. who have TPS or pending TPS applications.
“The Court did the right thing,” said Carolyn Tran, Executive Director of Communities United for Status & Protection (CUSP). “Its willingness to intervene and temporarily stop the termination of TPS for South Sudan creates a pathway for us to prove that the Trump administration’s unprecedented attacks on immigrants of color are wholly unlawful. As we continue this fight, we will use every tool available to hold this administration accountable for the harms they’ve caused.”
“After weeks of anguish, this court’s order brings South Sudanese families a temporary but much-needed reprieve. It is profoundly unjust that they are forced to endure the trauma that comes with the unlawful termination of their status and the fear of being returned to conditions that remain unsafe in South Sudan. ” said Amaha Kassa, Executive Director of African Communities Together (ACT). “ACT is prepared for the long fight ahead to ensure these families retain their lawful status and protection.”
“This temporary stay is a significant victory for all immigrants, and a lifesaving decision particularly for those who have been under persistent attack by the Trump administration, which has already tried to strip legal protections for majority Black people: in addition to South Sudanese immigrants, also Haitian, Cameroonian, and Ethiopian TPS holders, many of whom have been in the United States for decades, giving back to their communities, ” said Erik Crew, Staff Attorney at Haitian Bridge Alliance. “HBA is honored to fight alongside these communities, to make sure that legal protections remain available for those who need them most.”
“The Court’s temporary stay is a hugely important measure to give TPS beneficiaries and applicants from South Sudan the time that they need in order to fully explain to the Court just how illegal, racist, and unconstitutional the Trump administration’s attacks on African, Asian, and other non-European immigrants really are and to avoid grave and unlawful harms, in the interim.” said Collin Poirot, Senior Staff Attorney at Muslim Advocates.