TPS for South Sudan:
Court Protection Lifted — Termination May Now Proceed
On August 7, 2026, the U.S. District Court denied plaintiffs’ renewed request to keep the termination postponed and denied the related motion to amend, clearing the way for DHS to move forward with terminating TPS for South Sudan. This is a hard setback after the earlier postponement. Plaintiffs have appealed to the First Circuit, and the constitutional racial-discrimination claim continues. If you are a South Sudanese TPS holder, please speak with an immigration attorney as soon as possible.
Termination may proceed — August 7, 2026: In ACT et al. v. Noem, the court denied plaintiffs’ renewed motion to postpone the termination and denied the motion to amend. DHS may now move forward with terminating TPS for South Sudan — as it did for Somalia and Ethiopia, possibly the same day the ruling issued. You could lose TPS status and work authorization on short notice. Speak with an immigration attorney immediately.
The fight is not over: Plaintiffs have appealed to the First Circuit Court of Appeals (No. 26-1898). After the June 25 Supreme Court ruling barred the Administrative Procedure Act (APA) claims this case relied on, the surviving constitutional claim — that the termination was intentional racial discrimination — continues. Plaintiffs are represented by Muslim Advocates and co-counsel, coordinated by CUSP.
Important: This page provides general information about the South Sudan TPS litigation and is intended for informational purposes only. It does not constitute legal advice. If you are a South Sudanese TPS holder with questions about your specific situation, please consult a qualified immigration attorney. African Communities Together (ACT) may be able to connect you with legal resources.
- African Communities Together (ACT) — organizational plaintiff
- Four individual South Sudanese TPS holders — filed as a class action
- Kristi Noem, Secretary of Homeland Security
- The Department of Homeland Security (DHS)
- U.S. Citizenship and Immigration Services (USCIS)
- United States of America
- South Sudan — terminated November 6, 2025; original expiration January 5, 2026. Court protection was lifted August 7, 2026 — the termination may now proceed.
- Approximately 232 South Sudanese TPS beneficiaries and applicants
The February 12 postponement protected South Sudanese TPS holders through the spring. After the June 25 Supreme Court ruling barred APA claims, the First Circuit summarily reversed that postponement on July 29, 2026. On August 7, 2026, the district court denied plaintiffs’ renewed motion to postpone the termination and denied the motion to amend. There is no longer a court order preventing the termination; DHS may move forward. Plaintiffs have appealed to the First Circuit (No. 26-1898) and continue to litigate the constitutional racial-discrimination claim.
South Sudan was first designated for TPS in 2011 following its independence from Sudan after a decades-long civil war. It has received consistent redesignations ever since due to ongoing gender-based and sexual violence, armed conflict, arbitrary arrests, torture and physical violence, and other extraordinary circumstances. The country continues to face active armed conflict across multiple regions, widespread displacement affecting millions, severe food insecurity, and the breakdown of essential infrastructure and services.
This case is part of the administration’s coordinated campaign to eliminate TPS protections for Black, Asian, Arab, and immigrant communities of color. The complaint highlights that the termination was pre-ordained and was not based on an objective review of country conditions, and points to the administration’s preference for white immigrants and refugees as evidence of discriminatory intent.
- Declare the termination of TPS for South Sudan unlawful
- Set aside or vacate the termination of South Sudan’s TPS designation
- Stop all government agencies and employees from taking steps to implement the termination
The South Sudan TPS fight is a direct expression of the Immigrant Movement’s North Star — the Five Freedoms. South Sudanese TPS holders have built lives, raised families, started businesses, and strengthened communities across the United States. This case fights for their Freedom to Stay in the places they call home, their Freedom to Work with dignity and security, and their Freedom to Thrive — to make decisions about their own lives, futures, and communities. The administration’s refusal to conduct a genuine country conditions review, reliance on pretextual justifications, and pattern of terminations targeting communities of color are not just legal violations. They are an attack on the vision of a movement that believes all people have inherent dignity and value.
The lawsuit challenged the termination of TPS for South Sudan on two grounds: violation of the Administrative Procedure Act (APA) and violation of the U.S. Constitution. After the June 25 Supreme Court ruling, the APA claims can no longer be reviewed by the courts. The constitutional racial-discrimination claim survives and continues on appeal.
APA claims — now barred from judicial review
Constitutional claim — still alive
South Sudan’s 14-year designation reflects the ongoing reality on the ground: a country still experiencing active armed conflict across multiple regions, widespread displacement affecting millions, severe food insecurity, and the breakdown of essential services. The administration’s decision ignored this record entirely. The district court twice agreed there was a likelihood of success on the merits — first in granting the postponement (February 12) and again in denying the government’s motion to stay (April 9) — but after the Supreme Court’s June 25 ruling barred the APA claims those rulings rested on, the postponement was reversed. The surviving claim is that race and discriminatory animus, not country conditions, drove the decision.
- The court order that had been protecting South Sudanese TPS holders was lifted, and the renewed request to keep it in place was denied on August 7, 2026. The termination may now take effect. Do not rely on the earlier postponement. Talk to an immigration attorney right away about your current status, your work authorization, and any other pathways to legal status that may apply to you.
- Regardless of your status, you have rights. You have the right to remain silent and the right to speak to a lawyer. You do not have to open your door to ICE without a judicial warrant signed by a judge. For guidance available in many languages, review wehaverights.us and the ACLU Know Your Rights guide.
- Understand that if you leave the U.S. now that the termination may proceed, you may not be able to lawfully reenter the U.S. on TPS status, even if a court later reinstates TPS for South Sudan.
- Before considering self-deportation using the CBP Home app, review information about your rights, such as this content from the National Immigration Law Center.
Planning ahead for the possibility of immigration enforcement can help restore a sense of control in the face of uncertainty. This is called “emergency planning.” With the court’s protection lifted and the termination able to proceed, it is important to prepare now — organize your documents, decide who can care for your children or dependents, and know who to call.
These resources can help:
This is hard, frightening news, and your feelings are valid. For support during this time of uncertainty, here are some free resources. If you or someone you love is in crisis, you can call or text 988 (Suicide & Crisis Lifeline).
On August 7, 2026, the court denied the renewed postponement and the motion to amend, allowing the termination of TPS for South Sudan to proceed. Plaintiffs have appealed to the First Circuit (No. 26-1898) and continue to litigate the constitutional claim. Follow ACT and CUSP for the most up-to-date information as the case proceeds. Email CUSP at info@wearecusp.org to stay updated.