TPS for Ethiopia:
Court Protections Lifted — Termination May Now Proceed
On August 18, 2026, the U.S. District Court lifted the administrative stay, denied the motion to postpone, and dismissed all of the plaintiffs’ claims except the racial-discrimination claim. As a result, DHS may now move forward with terminating TPS for Ethiopia — potentially right away. This is a hard setback. The constitutional racial-discrimination claim continues in court, but there is no longer a court order protecting status. If you are an Ethiopian TPS holder, please speak with an immigration attorney as soon as possible.
Termination may proceed — August 18, 2026: In ACT et al. v. Noem, the court lifted the administrative stay, denied the motion to postpone, and dismissed all claims except the racial-discrimination claim. DHS may move forward with terminating TPS for Ethiopia — as it did for South Sudan and Somalia, 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: 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 in court. Plaintiffs are represented by Muslim Advocates and co-counsel, coordinated by CUSP.
Important: This page provides general information about the Ethiopia TPS litigation and is intended for informational purposes only. It does not constitute legal advice. If you are an Ethiopian 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
- Three individual Ethiopian 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
- Ethiopia — terminated January 14, 2026; original expiration February 13, 2026. Court protection was lifted August 18, 2026 — the termination may now proceed.
- Approximately 5,000 Ethiopian TPS beneficiaries and applicants
The April 8, 2026 postponement was summarily reversed by the First Circuit on July 29, 2026 after the Supreme Court’s June 25 ruling barred APA claims. On August 18, 2026, the district court lifted the administrative stay, denied plaintiffs’ renewed motion to postpone, and granted the government’s motion to dismiss all claims except the constitutional racial-discrimination claim. There is no longer a court order preventing the termination; DHS may move forward. Plaintiffs continue to litigate the surviving racial-discrimination claim.
Ethiopia was first designated for TPS in 2022 because of armed conflict and other extraordinary conditions, and has received consistent redesignations ever since due to ongoing gender-based and sexual violence, armed conflict, food insecurity, and arbitrary arrests. 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 same pattern seen in terminations for South Sudan, Somalia, Haiti, Honduras, Nepal, Nicaragua, Venezuela, Afghanistan, Syria, Cameroon, and Burma. The complaint highlights that the termination was pre-ordained, not based on an objective country conditions review, and reflects the administration’s preference for white immigrants and refugees as evidence of discriminatory intent.
- Declare the termination of TPS for Ethiopia unlawful
- Set aside or vacate the termination of Ethiopia’s TPS designation
- Stop all government agencies and employees from taking steps to implement the termination
The lawsuit challenged the termination of TPS for Ethiopia 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, and on August 18 they were dismissed. The constitutional racial-discrimination claim survives and continues to be litigated.
APA claims — now barred from judicial review
Constitutional claim — still alive
The government’s decision to terminate TPS for Ethiopia ignored the realities of conditions on the ground — a country still experiencing active armed conflict, widespread displacement, food insecurity affecting millions, and the breakdown of essential services. The lawsuit argues the administration’s review was not objective, and that the pattern of terminations targeting non-white, non-European communities demonstrates that race and discriminatory animus — not country conditions — drove the decision. That racial-discrimination claim is what remains before the court.
- The court order that had been protecting Ethiopian TPS holders was lifted on August 18, 2026, and the termination may now take effect. Do not rely on the earlier postponement. Talk to an immigration attorney right away about your current status and work authorization, and about 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 the content at wehaverights.us, prepared by We Have Rights, 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 Ethiopia.
- 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 18, 2026, the court lifted the administrative stay and dismissed all claims except the racial-discrimination claim, allowing the termination of TPS for Ethiopia to proceed. Plaintiffs continue to litigate the surviving constitutional claim. Follow ACT and CUSP for the most up-to-date information as the case proceeds.