storyvault
May 26, 2026

Trump's TPS Crackdown Faces New Court Battle as Immigrants Fight Deportation

# The Legal Battle to Save Temporary Protected Status in America

Immigrants are mounting a new wave of lawsuits to halt deportations after the U.S. Supreme Court cleared the path for the Trump administration to terminate Temporary Protected Status (TPS).

Last month, the U.S. Supreme Court declined to interfere with the Trump administration’s decision to phase out TPS for hundreds of thousands of foreign nationals.

TPS is granted by the U.S. government to individuals who would face extreme danger if forced to return to their home countries due to ongoing armed conflict, environmental disasters, or other extraordinary conditions, protecting them from swift deportation.

Before the Trump administration initiated terminations, the U.S. had granted TPS to more than 600,000 Venezuelans. The second-largest group affected comprises roughly 330,000 to 350,000 Haitian nationals. The humanitarian program has also protected thousands of Syrians since the outbreak of their country's civil war in 2011.

"Dahlia Doe" (a pseudonym), who arrived in the U.S. in 2015, is among a group of Syrian plaintiffs suing to block the government from stripping TPS protections from nearly 4,000 of her compatriots.

"I feel immense stress and insecurity," Doe said. "But the only thing we can do is keep fighting and not give up."

## A New Legal Strategy

While the Supreme Court’s ruling upheld the administration's overarching authority, it left the door open for TPS beneficiaries to challenge the government's actions on constitutional grounds. Consequently, attorneys representing Doe and other immigrants are pivoting to focus heavily on these arguments to preserve their status.

Shane Kadidal, a senior staff attorney at the Center for Constitutional Rights, emphasized that time is of the essence.

According to Kadidal, the Department of Justice is moving swiftly to ask judges who previously issued rulings unfavorable to the administration to dissolve those injunctions. This would clear the way for authorities to begin deporting legal residents from Haiti, Syria, South Sudan, Ethiopia, Myanmar, Somalia, and Yemen.

The White House maintains that the Supreme Court's decision entirely vindicated its authority. In a statement released last month, the administration asserted that the "definitive" ruling grants the executive branch "full authority to terminate" these protections.

"People are scrambling to keep lower court injunctions in place to buy time to develop new arguments," Kadidal said. "The Supreme Court's ruling has only sparked a much more intense wave of litigation."

## Recent Federal Court Rulings

Thus far, three federal courts have issued rulings temporarily blocking the administration's actions regarding TPS:

- Ethiopian Nationals: On July 24, U.S. District Judge Brian Murphy in Boston ruled that TPS protections for Ethiopian immigrants will remain in place while the court evaluates new legal arguments.

- South Sudanese Nationals: A day earlier, U.S. District Judge Patti Saris, also in Boston, temporarily preserved TPS for immigrants from South Sudan.

- Myanmar Nationals: U.S. District Judge Matthew Kennelly in Chicago issued an order barring the administration from terminating humanitarian protections for Myanmar nationals at least through August 7.

Immigration attorneys are urging judges to issue fresh injunctions, arguing that the government's actions unconstitutionally deprive immigrants of liberty and property without due process.

These challenges are anchored in the Due Process Clause of the Fifth Amendment, which dictates that the government cannot deprive any person of "life, liberty, or property, without due process of law."

Plaintiffs allege that former Homeland Security Secretary Kristi Noem acted arbitrarily and failed to fulfill statutory obligations to consult with relevant federal agencies before moving to strip the protections. The administration has repeatedly denied these allegations.

Lawyers representing Myanmar nationals argued before Judge Kennelly that TPS designations and associated work permits constitute protected property and liberty interests under the U.S. Constitution, requiring the government to follow strict legal procedures before revoking them.

## The Question of Statutory Authority

Attorneys are also challenging whether former Secretary Noem exceeded her legal authority in dismantling the program. They contend that while the Department of Homeland Security (DHS) absorbed various immigration functions when it was established following the September 11, 2001 terrorist attacks, the specific statutory authority to terminate TPS was never transferred from the Attorney General—who held final authority when the program was codified in the 1990s.

Counsel representing Ethiopian immigrants presented a similar argument in Boston, asserting that "Congress explicitly vested the authority to terminate TPS in the Attorney General and never transferred that power to the Homeland Security Secretary or any other official." Currently, more than 4,000 Ethiopians live lawfully in the U.S. under TPS.

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