US judges dismiss challenges to South Sudan and Myanmar deportation orders
Two US District Judges have rejected legal arguments that the Department of Homeland Security lacked authority to terminate protections, following a broader Supreme Court precedent established in June.
Two US federal judges have dismissed legal challenges brought by immigrant-rights advocates, clearing the path for the Trump administration to terminate Temporary Protected Status (TPS) for nationals of South Sudan and Myanmar. The rulings effectively remove deportation shields for approximately 232 South Sudanese nationals and roughly 4,000 Myanmar nationals, exposing them to potential removal proceedings.
The decisions by US District Judge Patti Saris in Boston and US District Judge Matthew Kennelly in Chicago came hours apart on Friday. Both judges rejected the central argument from advocates that the Department of Homeland Security (DHS) lacked the statutory authority to end the designations. Judge Saris noted that accepting such a claim would also undermine the agency’s longstanding authority to extend these protections, while Judge Kennelly reached a similar conclusion in the Myanmar case.
The terminations follow a pivotal US Supreme Court ruling in June, which affirmed the executive branch’s broad authority over the TPS programme. That earlier decision allowed the administration to end similar protections for nationals from Haiti and Syria and significantly limited the ability of lower courts to block DHS efforts. The department had formally moved to terminate the designations for South Sudan and Myanmar in November 2025, citing this executive authority.
South Sudan has held TPS designation since 2011 amid ongoing conflict, while Myanmar has experienced political turmoil following a military coup in 2021. Prior to these rulings, TPS recipients had been granted an administrative stay during the legal battle, which permitted them to continue living and working in the United States. The removal of this shield leaves these individuals vulnerable to deportation to countries still gripped by instability.
James Percival, General Counsel of the DHS, indicated that the new rulings narrow the scope of remaining legal obstacles. He stated that TPS terminations for Ethiopian and Somalian nationals remain blocked by courts. Percival criticised the continued administrative stays, arguing on social media platform X that they deny the American people the outcomes they voted for, while every day the stays remain in effect.
