US Judge Blocks Trump’s Plan to Deport South Sudanese Migrants

(BOSTON, MA) — A federal judge’s emergency stay issued Tuesday is keeping Temporary Protected Status (TPS) in place for South Sudanese nationals—at least for now—giving families and employers breathing room while litigation proceeds and deadlines loom.

On Dec. 30, 2025, U.S. District Judge Angel Kelley in Boston issued an administrative stay blocking the Trump administration’s plan to terminate TPS for South Sudan one week before the designation was set to end at 11:59 p.m. on Jan. 5, 2026. DHS had published a termination notice on Nov. 5, 2025, concluding that South Sudan no longer met the statutory conditions for designation. DHS criticized the court action in a public statement. The lawsuit alleges violations of the Administrative Procedure Act and the Fifth Amendment.

For South Sudanese TPS holders in Massachusetts and elsewhere, the immediate question is practical: what process should you follow to keep lawful presence and work authorization as stable as possible while the case unfolds? Because a court order is involved, steps may change quickly based on future rulings, DHS guidance, or appeals.

What TPS is and who this process explainer affects

TPS is a temporary humanitarian protection created by Congress. It can allow eligible nationals of a designated country to:
– Remain in the United States
– Obtain employment authorization
– Avoid removal while the designation is in effect

(See INA § 244; 8 C.F.R. § 244.)

This explainer is most relevant to:
– Current South Sudanese TPS beneficiaries in the United States, including those in the Boston area
– People with pending South Sudan TPS applications (including related work permit applications)
– Employers and schools that verify work authorization or lawful presence
– TPS holders considering travel, which is risky without the right document

DEADLINE WATCH (South Sudan TPS)
The prior end date was Jan. 5, 2026 (11:59 p.m.). The Boston stay pauses the immediate termination, but TPS timelines can shift with new court orders or Federal Register notices. Check USCIS updates before filing or traveling.

Step-by-step: How South Sudanese TPS holders should proceed now

1) Confirm your current TPS category and dates

Start by identifying what you have today and compare dates with USCIS guidance.

Important documents to check:
– Most recent Form I-797 approval notice for TPS (if approved)
– Employment Authorization Document (EAD), front and back
– Any USCIS receipt notices for pending filings
– Passport or national ID (if available)
– I-94, if you have one

USCIS posts the controlling instructions on the South Sudan TPS country page, including any automatic EAD extensions and current filing windows.

2) If you are already a TPS beneficiary: prepare to (re)register if a window is announced

TPS beneficiaries typically must re-register during designated periods to keep protection. Re-registration uses Form I-821 (this is re-registration, not initial registration). See 8 C.F.R. § 244.17.

Because termination is being litigated, DHS may issue new instructions on whether re-registration is required and when. Missing a re-registration window can create serious problems.

Forms and supporting evidence:
– Form I-821 (TPS application / re-registration)
– Copy of your current TPS approval notice (if any)
– Proof of identity and nationality (passport, birth certificate with photo ID, or other evidence)

3) If you need a work permit: file (or renew) Form I-765

TPS designation provides the basis for work authorization, but the plastic EAD is obtained through Form I-765. See 8 C.F.R. § 274a.12.

Actions to consider:
– File Form I-765 to request or renew an EAD, following current USCIS instructions
– File Form I-912 (fee waiver) if eligible, or prepare the required fee

Common supporting documents:
– Copy of current EAD (front/back), if renewing
– Government photo ID
– Two passport-style photos (if required under current form instructions)

WARNING (Work authorization and I-9 issues)
Do not present an expired EAD to your employer unless USCIS has clearly announced an automatic extension that covers your category and dates. If an employer questions your documents, provide the USCIS page printout and your notices. Consider legal help for employer disputes.

4) If your TPS application is pending: track receipts and respond to USCIS requests

If you have pending South Sudan TPS filings, monitor your case and mail closely. USCIS may issue:
– Request for Evidence (RFE)
– Biometrics appointment notice
– A denial or rejection if filing rules are not met

What to do:
– Keep your address current with USCIS using Form AR-11
– Respond to RFEs by the deadline with organized evidence
– Save delivery confirmation for any response packet

5) Consider other immigration options before TPS ends

TPS is temporary. Even with the Boston stay, long-term outcomes are uncertain. Evaluate other potential paths:
– Family-based adjustment of status (if eligible)
– Asylum, withholding of removal, or CAT protection (subject to time and eligibility rules)
– Special Immigrant Juvenile Status for certain youth
– Employment-based options, in limited circumstances

Eligibility depends on facts like manner of entry, prior orders, criminal history, and filing deadlines. A qualified attorney can screen for alternatives.

6) Avoid travel unless you have advance permission

Travel without proper authorization can cause serious consequences on return. TPS holders who travel often consider Form I-131 for travel authorization, but rules are technical and may change with litigation.

Remember:
– Admission upon return is decided by CBP, even when USCIS issued a travel document
– Travel is especially risky if you have prior removal orders, arrests, or periods of unlawful presence

WARNING (Travel from Boston Logan or elsewhere)
Do not assume a pending lawsuit makes travel safe. Talk to an attorney before filing Form I-131 or leaving the United States, especially if you have any prior immigration violations.

7) Watch the court case and DHS notices for decision points

Possible developments that affect TPS status:
– The court may extend, modify, or dissolve the stay
– The government may appeal, shifting timing
– DHS may publish new Federal Register notices
– USCIS may update automatic EAD extension guidance

Courts in TPS cases evaluate factors like likelihood of success and irreparable harm. Judge Kelley’s stay reflects the court’s concern about immediate loss of protection, but final outcomes depend on the full record and legal arguments.

Typical timelines and common delays

Applicants often see:
– Receipt notices within weeks (varies by intake volume)
– Biometrics appointments that can add weeks or months
– EAD adjudication times that depend on workload and policy

Common causes of delay:
– Incomplete application packets
– Missing signatures or wrong edition date of forms
– Outdated fees
– Identity documents that don’t match across filings

Frequent mistakes that can trigger denials or loss of protection

1. Missing a re-registration window announced by USCIS
2. Filing the wrong edition date of a form or forgetting a signature
3. Not responding to an RFE on time
4. Failing to disclose arrests or convictions, even if cases were dismissed
5. Traveling without proper authorization and being refused admission

Criminal issues are especially serious because TPS has statutory bars. (See INA § 244(c).) Get legal screening if you have any criminal record.

When attorney help is most important

Consider consulting an immigration attorney if you have:
– A prior removal order or pending Immigration Court case (EOIR)
– Any arrest, conviction, or pending criminal matter
– Prior TPS gaps or prior denials
– Employer pressure about I-9 documents
– A need to travel for family emergencies
– Interest in pursuing a more permanent status path

Even small TPS populations can be affected rapidly by litigation-driven changes. Individual advice can prevent avoidable mistakes.

Official government resources

• USCIS South Sudan TPS page: USCIS South Sudan TPS page
• DHS newsroom: DHS newsroom
• TPS statute and regulations: INA § 244; 8 C.F.R. § 244
• Form I-821: Form I-821
• Form I-765: Form I-765

⚖️ 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.

Resources:
– AILA Lawyer Referral