Federal judge clears way for Trump administration to end TPS for Somalis

US District Judge Allison Burroughs lifted a stay that had prevented the Department of Homeland Security from terminating Somalia’s Temporary Protected Status (TPS) designation. Burroughs cited a June Supreme Court ruling that limited judicial review of certain decisions concerning TPS designations. The Supreme Court ruled that the TPS statute bars judicial review of certain nonconstitutional challenges to the administration’s TPS changes.

The plaintiffs had argued that the Trump administration’s decision to terminate TPS designation for Somalis was racially motivated. Following the Supreme Court ruling, the plaintiffs filed an amended complaint asserting constitutional claims.

Burroughs, an Obama appointee, had previously blocked the termination from taking effect. In Friday’s ruling, however, she said that she believes the plaintiffs have a compelling case, but that the Supreme Court’s decision prevents her from allowing the block to continue.

"Plaintiffs have made a convincing showing that they will suffer irreparable harm if the injunction is withheld … and the balance of hardships and the public interest also favor Plaintiffs, given that the government has made no showing that maintaining TPS status for the duration of this litigation would impose an undue burden," she wrote.

The ruling allows the Trump administration to proceed with terminating TPS for Somalia. Back in January, the administration said it intended to terminate the designation, arguing that conditions in the country no longer warrant protection.

The decision will affect several thousand nationals. According to a report by Fox News, US Citizenship and Immigration Services has said there are 2,471 Somali nationals in the US under TPS, and another 1,383 with pending applications.

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