The Temporary Protected Status (TPS) stay issued Tuesday by a federal judge has halted the Department of Homeland Security’s plan to end TPS for South Sudan, intensifying a broader fight over executive authority and immigration enforcement. The administrative stay blocks DHS from terminating protections scheduled to expire Jan. 6, affecting roughly 232 South Sudanese nationals with TPS and another 73 applicants with pending cases.
U.S. District Judge Angel Kelley ruled that the dispute raises “legally complex” questions with “serious, long-term consequences, including the risk of deadly harm.” The order pauses enforcement without deciding the case’s merits, leaving DHS policy in limbo while litigation continues.
DHS sharply criticized the decision, arguing the court overstepped its role. In a statement to Fox News Digital, Assistant Secretary Tricia McLaughlin called the ruling “yet another lawless and activist order from the federal judiciary who continues to usurp the President’s constitutional authority.” She stressed that “TPS was never designed to be permanent.”
McLaughlin said conditions justify ending the designation, citing “the renewed peace in South Sudan, their demonstrated commitment to ensuring the safe reintegration of returning nationals, and improved diplomatic relations.” She added that prior expansions of TPS allowed “violent terrorists, criminals, and national security threats into our nation.”
Under the TPS stay, South Sudanese nationals will keep lawful status, work authorization, and protection from deportation and detention while the case proceeds. DHS must file its opposition by Jan. 9, with plaintiffs due to reply by Jan. 13.
South Sudan, the world’s youngest nation, has endured years of violence since independence in 2011. Recent clashes and regional instability continue to fuel humanitarian concerns. Still, DHS maintains that TPS, by statute, offers temporary relief—not an indefinite immigration pathway.
