United States: District Court Continues Postponement of South Sudan TPS Termination

On February 12, 2026, a federal district court in Massachusetts continued the temporary postponement of the Department of Homeland Security (DHS) termination of South Sudan Temporary Protected Status (TPS). After a hearing and review of the administrative record, the court concluded that Plaintiffs are likely to succeed on their claims that DHS Secretary Kristi Noem violated the Administrative Procedure Act (APA) by arbitrarily terminating TPS designations, giving pretextual reasons for the termination of South Sudan’s TPS designation, and by failing to meaningfully consult with appropriate agencies. While litigation challenging DHS’s termination continues, South Sudan TPS beneficiaries will continue to retain their TPS protections and benefits, including employment authorization. The case is African Communities Together v. Noem, 25-CV-13939-PBS (D. Mass, filed Dec. 22, 2025).

Background

In early November 2025, Secretary of Homeland Security Kristi Noem declined to extend the TPS designation for South Sudan, which was set to expire on November 3, 2025, but beneficiaries were granted a transition period through January 5, 2026 during which they would continue to be covered by TPS. The instant lawsuit challenging DHS’s action was filed on December 22, 2025; on December 30, 2025, the district court issued an emergency hold, temporarily delaying the South Sudan TPS termination in order to preserve the status quo while litigation continued. During the temporary stay, South Sudan TPS beneficiaries continued to be eligible for work authorization and have protection against deportation and detention based on TPS status. The court is now extending that postponement, along with the beneficiaries’ retention of TPS protection and benefits, as litigation on the merits of the case continues.

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