United States: District Court Continues Postponement of South Sudan TPS Termination
February 17, 2026
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.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
Explore more at Fragomen
Awards
Canada Managing Partner Cosmina Morariu has received the France Canada Chamber of Commerce in Ontario (FCCCO) Women in Leadership Award, recognizing her leadership and contributions to the business and legal communities.
Media mentions
Managing Director Diogo Kloper highlights how Brazil’s new electronic visa for Chinese citizens reduces bureaucracy, lowers costs and streamlines business and tourism travel.
Blog post
Partner, Global Responsible Business Practices, Lisa Koenig, Lead Analyst Dominic Dietrich, Senior Associate Sarah Blackmore and Senior Associate Sonya Berenfeld Cole examine why climate disruptions are reshaping mobility strategy as economic loss, workforce displacement and travel risks require organizations to reassess workforce planning and operational resilience.
Media mentions
Associate Ilaria Iovieno and Immigration Consultant Sean Pearce explain how the UK’s higher English language requirement for work visas affects construction employers.
Visas
Senior Business Immigration Manager Vicente Duque outlines key immigration considerations for international visitors traveling to Mexico for the 2026 FIFA World Cup, including visa eligibility, entry documentation and travel between host countries.
Video
Explore EU visa options for non-EU nationals, including Schengen, long-stay and work visas like the EU Blue Card. Find the right visa for your needs.
Blog post
Counsel Susan Steger examines how wage-driven selection mechanisms in programs such as the H-1B lottery and PERM can create incentives for artificial wage inflation and introduce new compliance and workforce planning challenges for employers.
Media mentions
Director Gemma Hyslop examines how collaboration across the global mobility sector can help strengthen legal pathways and support for migrant women experiencing abuse.
Media mentions
Partner Abeer Al Husseini discussed immigration and duty-of-care challenges for employers amid Middle East travel disruptions.
Awards
Partner Sarah K. Peterson is recognized by the Minneapolis/St. Paul Business Journal as a 2026 Women in Business honoree for her professional achievements and contributions to the Twin Cities business community.
Media mentions
Immigration Manager Alice Heron explains how HR teams can navigate Irish immigration law and manage international talent effectively.
Media mentions
Associate Ilaria Iovieno and Immigration Consultant Devina Sanghera outline what the proposed expansion of the UK Right to Work Scheme means for housebuilders.
Awards
Canada Managing Partner Cosmina Morariu has received the France Canada Chamber of Commerce in Ontario (FCCCO) Women in Leadership Award, recognizing her leadership and contributions to the business and legal communities.
Media mentions
Managing Director Diogo Kloper highlights how Brazil’s new electronic visa for Chinese citizens reduces bureaucracy, lowers costs and streamlines business and tourism travel.
Blog post
Partner, Global Responsible Business Practices, Lisa Koenig, Lead Analyst Dominic Dietrich, Senior Associate Sarah Blackmore and Senior Associate Sonya Berenfeld Cole examine why climate disruptions are reshaping mobility strategy as economic loss, workforce displacement and travel risks require organizations to reassess workforce planning and operational resilience.
Media mentions
Associate Ilaria Iovieno and Immigration Consultant Sean Pearce explain how the UK’s higher English language requirement for work visas affects construction employers.
Visas
Senior Business Immigration Manager Vicente Duque outlines key immigration considerations for international visitors traveling to Mexico for the 2026 FIFA World Cup, including visa eligibility, entry documentation and travel between host countries.
Video
Explore EU visa options for non-EU nationals, including Schengen, long-stay and work visas like the EU Blue Card. Find the right visa for your needs.
Blog post
Counsel Susan Steger examines how wage-driven selection mechanisms in programs such as the H-1B lottery and PERM can create incentives for artificial wage inflation and introduce new compliance and workforce planning challenges for employers.
Media mentions
Director Gemma Hyslop examines how collaboration across the global mobility sector can help strengthen legal pathways and support for migrant women experiencing abuse.
Media mentions
Partner Abeer Al Husseini discussed immigration and duty-of-care challenges for employers amid Middle East travel disruptions.
Awards
Partner Sarah K. Peterson is recognized by the Minneapolis/St. Paul Business Journal as a 2026 Women in Business honoree for her professional achievements and contributions to the Twin Cities business community.
Media mentions
Immigration Manager Alice Heron explains how HR teams can navigate Irish immigration law and manage international talent effectively.
Media mentions
Associate Ilaria Iovieno and Immigration Consultant Devina Sanghera outline what the proposed expansion of the UK Right to Work Scheme means for housebuilders.