New Lawsuit Challenges Trump-Era Move to End TPS for Somalia
Key Takeaways
- It has been reported that a new federal lawsuit challenges the Trump administration’s attempt to terminate Temporary Protected Status (TPS) for Somalia.
- Plaintiffs allegedly claim the move violated the Administrative Procedure Act (APA) and equal-protection principles, echoing earlier TPS litigation over other countries.
- For now, TPS protections and work authorization for Somali nationals remain in place under subsequent DHS extensions and redesignations.
- Somali TPS holders should continue to follow USCIS (U.S. Citizenship and Immigration Services) re-registration windows and EAD renewal guidance while monitoring the case.
The lawsuit
It has been reported that civil rights and immigration advocates filed a new lawsuit contesting the Trump-era decision to end TPS for Somalia, a humanitarian protection that shields eligible nationals from deportation and allows them to work legally when their home country faces armed conflict or extraordinary conditions. The complaint allegedly argues the termination was unlawful under the APA—which requires reasoned, evidence-based decision-making—and was tainted by discriminatory intent, raising constitutional equal-protection concerns. This legal theory mirrors challenges brought during 2017–2020 to end TPS for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal, several of which resulted in injunctions that kept protections in place for years. The government has not publicly responded to the new filing.
What it means for Somali TPS holders right now
Practically, nothing changes today. TPS for Somalia remains in effect under later Department of Homeland Security (DHS) extensions and redesignations, meaning covered individuals retain protection from removal and can keep working with a valid Employment Authorization Document (EAD). USCIS typically announces re-registration periods in the Federal Register and often provides automatic EAD extensions to prevent gaps while renewals process, which can take months. Somali TPS holders should: re-register on time (Form I-821), renew EADs (Form I-765), keep addresses updated with USCIS, and consult qualified counsel before international travel (advance parole may be required). If a court issues an order affecting eligibility or timelines, USCIS will publish instructions—do not rely on rumors.
The broader context and what to watch
TPS is authorized by INA § 244, allowing DHS to designate countries experiencing ongoing armed conflict, environmental disaster, or other extraordinary conditions; terminations must be justified by evidence that safe return is possible. During the Trump administration, DHS moved to end several long-standing TPS programs, prompting nationwide litigation like Ramos v. Nielsen and Saget v. Trump; those cases produced mixed appellate outcomes but, in practice, led to extended protections and, under the Biden administration, multiple extensions and redesignations. The Somalia-focused suit will likely hinge on the administrative record of country conditions, the government’s rationale at the time, and whether any alleged bias influenced the decision. Watch for early rulings on preliminary injunctions and motions to dismiss, which will signal whether the case could alter timelines—or simply add another layer of legal backstop—for Somali TPS holders.
Source: Original Article