Issue:

Federal Court Allows Termination of Ethiopia’s Temporary Protected Status to Move Forward

On Tuesday, a federal district court judge in the District of Massachusetts allowed the termination of Ethiopia’s Temporary Protected Status (TPS) designation to move forward. In its order, the court lifted the administrative stay, which had paused the termination, and denied the Plaintiffs’ request for relief while granting the government’s request to dismiss the case, except for the Plaintiffs’ Equal Protection claim, which will continue to be litigated. Plaintiffs filed an amended complaint arguing that the termination of Ethiopia’s TPS designation discriminated on the basis of race. The complaint also contained new claims that the termination violated the due process rights of Ethiopian TPS holders and that the government official who purportedly terminated Ethiopia’s TPS designation did not have the legal authority to do so.

The Plaintiffs in the lawsuit are African Communities Together (ACT) and three Ethiopian Community members who have lived and worked in the U.S. for many years. They now face
significant harms from the termination, among them detention, deportation, loss of work authorization, and separation from their family members, loved ones, and communities. The Plaintiffs are represented by Muslim Advocates, Haitian Bridge Alliance, and Covington & Burling, in a lawsuit supported by Communities United for Status and Protection (CUSP).

The Plaintiffs and their legal representatives made the following statement:

“For years, the U.S. government has designated and redesignated Ethiopia for TPS in recognition of the armed conflict and extraordinary conditions that make it unsafe for Ethiopian nationals to return. Today’s decision is another devastating loss for Ethiopian TPS holders, who face dangerous conditions should they be forced to return to an unsafe country. Today’s decision exposes Ethiopian community members to removal proceedings, family separation, and other catastrophic harms.”

For those impacted by this decision, we recommend these next steps:

Temporary Protected Status is a humanitarian protection established by Congress to prevent deportations to countries experiencing armed conflict, environmental disasters, or other extraordinary conditions.