African Communities Together v. Noem (TPS South Sudan 2025)
Legal Issues
BrynoDC Coverage 2 videos
Overview
Overview
South Sudanese nationals currently relying on temporary protected status to live and work in the U.S. sued the Trump administration over its termination of TPS for South Sudan.
Overview
Non-profit organizations sued the Department of Homeland Security over the cancellation of the termination of Somalia’s temporary protected status designation.
The Issue
Issue
Whether the Trump administration's termination of Temporary Protected Status (TPS) for South Sudanese nationals complied with Administrative Procedure Act notice and comment requirements and statutory authority under the Immigration and Nationality Act.
The Rules
Rule
Under INA § 244, the Secretary of Homeland Security may terminate TPS only after providing notice and an opportunity for the public to comment. Administrative actions are subject to APA arbitrary-and-capricious review, and agency decisions must be supported by adequate record evidence.
The Application
Analysis
Plaintiffs challenge the TPS termination as procedurally deficient and substantively unsupported, arguing insufficient notice, inadequate comment period, and lack of reasoned explanation in the administrative record. The government asserts statutory discretion to terminate TPS based on changed country conditions in South Sudan.
The Conclusion
Conclusion
Litigation is ongoing; the court has not yet issued a ruling on the merits of the TPS termination challenge.
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