(BOSTON) — A federal judge on Dec. 30, 2025, temporarily blocked the Trump administration from ending Temporary Protected Status (TPS) for South Sudanese nationals on Jan. 5, 2026, keeping current protections in place while a lawsuit proceeds.
U.S. District Judge Angel Kelley issued an administrative stay in African Communities Together v. Noem, No. 25-cv-13939-PBS (D. Mass. Dec. 30, 2025). The stay pauses the Department of Homeland Security’s (DHS) planned termination that was announced in a Nov. 5, 2025 Federal Register notice. DHS had set the termination date for Jan. 5, 2026, 60 days after publication, and USCIS posted a related TPS alert.
Judge Kelley wrote that allowing the termination to take effect before full review “would result in an immediate impact,” including stripping beneficiaries of lawful status and creating an imminent risk of deportation. The order preserves the status quo pending further court action. DHS publicly criticized the ruling and defended its decision to terminate, arguing that conditions in South Sudan have improved.
What changed — and when it takes effect
Before the court order, South Sudan’s TPS designation was scheduled to end Jan. 5, 2026, which would have terminated related TPS benefits. The administrative stay, effective immediately on Dec. 30, 2025, prevents that termination from taking effect for now.
TPS is a statutory humanitarian protection under INA § 244 for nationals of countries facing armed conflict, environmental disaster, or other extraordinary conditions. TPS typically provides:
- Protection from removal during the designation period.
- Eligibility for employment authorization for the designation period.
(See also 8 C.F.R. § 244.)
Who is affected
The litigation and stay most directly affect:
- Current TPS beneficiaries from South Sudan — estimated at roughly 232 people — who otherwise would have lost TPS-based protection on Jan. 5, 2026.
- Applicants with pending TPS filings — estimated at about 73 people — whose eligibility and work authorization prospects could be affected by any termination.
- Employers of South Sudanese TPS holders, who may need updated I-9 documentation guidance depending on what USCIS announces next.
Because TPS is country- and designation-specific, this order does not automatically change TPS rules for other countries. Still, it may influence parallel litigation involving other terminations.
Deadline Watch (Court)
The government’s opposition to plaintiffs’ request for longer-term relief is due Jan. 9, 2026, according to reporting on the court’s schedule. A decision on a preliminary injunction may follow later in January.
Practical impact for TPS holders: status, work, and travel
Status and protection from removal. The immediate practical effect is that South Sudanese TPS beneficiaries remain in a period of authorized stay tied to TPS while the stay remains in place. DHS should not treat them as immediately removable solely because the designation was slated to end.
Work authorization (EADs). Many beneficiaries rely on Employment Authorization Documents (EADs) issued under TPS. The court’s order prevents the immediate legal cliff that would have occurred on Jan. 5, 2026. However:
- EAD validity can be fact-specific.
- It depends on the card’s printed expiration date and any automatic extension USCIS announces.
- Employers should avoid terminating workers without confirming current USCIS guidance.
Travel. TPS holders who travel generally need advance permission, typically obtained via USCIS travel authorization. Departing without proper authorization may trigger reentry problems and can harm certain pending benefits.
Warning (Travel)
Do not travel internationally based on the court order alone. TPS travel rules are technical, and CBP makes admission decisions at ports of entry.
Litigation posture and possible next steps
An administrative stay is generally short-term. It preserves the court’s ability to decide whether to issue a broader temporary restraining order (TRO) or preliminary injunction.
Do not travel abroad relying on the court stay. TPS travel rules are complex and reentry decisions hinge on advance authorization and port-of-entry assessments.
Possible developments include:
- The court denies broader relief and the government proceeds with termination (subject to appeal).
- The court grants a preliminary injunction, extending TPS-related protections during litigation.
- The government seeks emergency relief from the First Circuit, which can move quickly in TPS cases.
The plaintiffs reportedly argue the termination conflicts with evidence about country conditions and may be motivated by discrimination, raising constitutional claims under the Fifth Amendment. DHS disputes that characterization and maintains the statutory criteria no longer support TPS for South Sudan.
Transition rules and “grandfathering”
The Nov. 5, 2025 termination notice set a firm end date of Jan. 5, 2026, rather than a long wind-down period. The court stay effectively creates a temporary transition period by stopping that end date from taking effect for now.
Important points about transition and continuation of benefits:
- There is no automatic grandfathering beyond what the court orders and what DHS/USCIS publish.
- TPS-based benefits can change quickly based on later court rulings or updated Federal Register notices.
- Employers and beneficiaries should monitor official guidance closely.
Warning (Work and I‑9s)
Employers should not request new documents or reverify early unless USCIS guidance requires it. Employees should keep copies of TPS notices and EADs.
Recommended actions and timeline
South Sudanese TPS holders and their families should consider these near-term steps:
- Monitor USCIS updates for South Sudan TPS, including any automatic EAD extension language and re-registration instructions.
- Speak with an immigration attorney about backup options. Some people may have asylum, family-based, or other pathways.
- Avoid unnecessary travel until there is clear USCIS guidance and individualized legal advice.
- Prepare for rapid changes around the Jan. 5, 2026 date and the Jan. 9, 2026 court filing deadline. A later injunction decision could extend protection or permit termination to proceed.
Official information is posted through USCIS and DHS. For TPS South Sudan updates, see USCIS’s country page and related alerts:
- USCIS TPS South Sudan page: USCIS TPS South Sudan page
- AILA Lawyer Referral: https://www.aila.org/find-a-lawyer
⚖️ Legal Disclaimer: This article provides general information about immigration law and is not legal advice. Immigration cases are highly fact-specific, and laws vary by jurisdiction. Consult a qualified immigration attorney for advice about your specific situation.
Federal Judge Angel Kelley has issued an administrative stay to prevent the termination of TPS for South Sudan nationals, which was scheduled for January 5, 2026. This ruling protects existing beneficiaries and pending applicants from deportation and loss of work permits. The litigation, African Communities Together v. Noem, will continue with a significant government filing due on January 9, 2026, to determine long-term status.
