Nutritionlab
May 26, 2026

Judge Clears Way for Trump to End Somalia TPS Protections

A major immigration battle surrounding Temporary Protected Status for Somali nationals has taken a decisive turn after U.S. District Judge Allison D. Burroughs cleared the way for the Trump administration to proceed with ending Somalia’s TPS designation. The August 14 ruling followed months of litigation, an earlier court order preserving protections, and a June Supreme Court decision that significantly narrowed the ability of federal courts to review certain challenges to the termination of TPS designations. The development represents a significant legal victory for the Trump administration, although the underlying lawsuit has not necessarily reached its final conclusion.

The dispute centers on Temporary Protected Status, commonly known as TPS, a federal immigration program designed to provide temporary protection to eligible nationals of countries experiencing armed conflict, natural disasters, or other extraordinary and temporary conditions. For people who qualify, TPS can provide protection from removal and authorization to work in the United States. Somalia has been covered by TPS for decades, with the country first receiving the designation in 1991 following the collapse of its government and the beginning of prolonged civil conflict. Successive administrations repeatedly extended or redesignated Somalia for TPS over the years.

The current controversy began when the Department of Homeland Security moved to terminate Somalia's TPS designation. DHS published a termination notice on January 14, 2026, setting March 17 as the effective date. Former Homeland Security Secretary Kristi Noem argued that conditions in Somalia had improved sufficiently that the country no longer met the statutory requirements for TPS and that continuing the designation was not consistent with U.S. national interests. The administration's position became part of a broader effort to reduce or terminate temporary immigration protections for nationals of several countries.

The decision immediately faced legal opposition. African Communities Together and other plaintiffs challenged the termination, arguing that the administration had failed to follow appropriate procedures and that the decision was influenced by racial and national-origin discrimination. The plaintiffs also pointed to previous public comments by President Donald Trump about Somalis as part of their argument. Their lawsuit sought to prevent the termination from taking effect while the legal dispute continued.

Judge Burroughs initially sided with the plaintiffs on an interim basis. On March 13, only days before the planned termination date, she issued an administrative stay that prevented the government from immediately ending Somalia's TPS designation. That order meant eligible Somali TPS holders continued to receive the protections associated with the program, including protection from deportation and eligibility for employment authorization while the litigation proceeded. The judge emphasized the potentially serious consequences that could follow if the protections disappeared before the legal questions were properly considered.

That earlier decision became one of several flashpoints in the increasingly contentious legal battle between the Trump administration and federal judges over immigration policy. The administration argued that DHS had authority to determine whether countries continued to qualify for TPS, while opponents argued that the termination process could still be challenged on constitutional or procedural grounds. The dispute became even more complicated after the U.S. Supreme Court issued a major ruling in June concerning the scope of judicial review over TPS decisions.

In June, the Supreme Court ruled 6-3 in Mullin v. Doe that the TPS statute generally bars judicial review of nonconstitutional challenges to DHS decisions concerning the designation, termination, or extension of TPS for a foreign country. Although the cases before the Supreme Court involved Haiti and Syria rather than Somalia, the decision had major consequences for the Somalia litigation because it removed an important legal pathway that plaintiffs had relied upon to challenge the government's action.

Judge Burroughs subsequently reconsidered the situation in light of that Supreme Court ruling. The August 14 decision did not simply erase every legal argument raised by the plaintiffs. Instead, the judge concluded that the challengers had demonstrated the possibility of serious or irreparable harm but had not shown a sufficient likelihood of succeeding on the remaining claims to justify continuing the administrative stay. As a result, the previous block was lifted and DHS was allowed to move forward with the termination of Somalia's TPS designation.

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