TPS for Somalia:
Court Protection Lifted — Termination May Now Proceed
On August 14, 2026, a federal court lifted the administrative stay that had protected Somali TPS holders and denied the motions to keep protections in place. As a result, DHS may now move forward with terminating TPS for Somalia. This is a hard setback after months of protection. Plaintiffs have appealed, and the constitutional claim — that the termination was intentional racial discrimination — continues. If you are a Somali TPS holder, please speak with an immigration attorney as soon as possible.
Termination may proceed — August 14, 2026: In ACT et al. v. Noem, the court granted the government’s motions to lift the administrative stay and denied plaintiffs’ emergency motion for postponement and motion for a preliminary injunction. DHS may now move forward with terminating TPS for Somalia — possibly the same day the ruling issued, as it did for South Sudan and Ethiopia. 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. After the June 25 Supreme Court ruling barred the Administrative Procedure Act (APA) claims, the surviving constitutional claim — intentional racial discrimination against Somali TPS holders — continues. This case is unusually strong on that front because of documented statements targeting the Somali community by name.
Important: This page provides general information about the Somalia TPS litigation and is intended for informational purposes only. It does not constitute legal advice. If you are a Somali TPS holder with questions about your specific situation, please consult a qualified immigration attorney. African Communities Together (ACT) or PANA may be able to connect you with legal resources.
- African Communities Together (ACT) — organizational plaintiff
- Partnership for the Advancement of New Americans (PANA) — organizational plaintiff
- Individual Somali 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
- Somalia — designated since 1991; termination set for March 17, 2026. Court protection was lifted August 14, 2026 — the termination may now proceed.
- Approximately 1,082 Somali TPS beneficiaries and 1,383 pending applicants (~2,465 total)
The March 13 administrative stay protected Somali TPS holders through the spring and early summer. After the June 25 Supreme Court ruling barred APA claims, the government moved repeatedly to lift the stay. On August 14, 2026, the court granted those motions and denied plaintiffs’ emergency motion for postponement and motion for a preliminary injunction. There is no longer a court order preventing the termination; DHS may move forward. Plaintiffs have appealed to the First Circuit, and the constitutional racial-discrimination claim continues.
Somalia was first designated for TPS in 1991 and has been continuously redesignated ever since — making it one of the longest-running TPS programs in history, spanning 35 years. The country continues to face clan-based violence, armed conflict, active terrorism, mass displacement, and the breakdown of essential infrastructure and services. The same extraordinary conditions that justified TPS in 1991 persist today.
This case is part of the administration’s coordinated campaign to eliminate TPS protections for Black, Asian, Arab, and immigrant communities of color. Unlike other TPS cases, President Trump has made specific, documented discriminatory statements targeting the Somali community — particularly in Minnesota — since November 2025. The complaint directly cites these statements as evidence of intentional discrimination, providing a stronger constitutional foundation than many other pending cases — which matters now that the constitutional claim is what remains before the court.
- Declare the termination of TPS for Somalia unlawful
- Set aside or vacate the termination of Somalia’s TPS designation
- Stop all government agencies and employees from taking steps to implement the termination
The Somalia TPS fight is a direct expression of the Immigrant Movement’s North Star — the Five Freedoms. Somali 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 60-day termination notice, racial animus, and failure to consult or conduct a genuine country conditions review 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 Somalia 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
Somalia’s 35-year designation reflects the ongoing reality on the ground: a country still experiencing active armed conflict, widespread displacement, food insecurity, and the breakdown of essential services. The administration’s decision ignored this record entirely. The pattern of terminations targeting non-white, non-European communities — and in Somalia’s case, specific documented statements targeting Somalis by name — is the basis for the surviving claim that race and discriminatory animus, not country conditions, drove the decision.
- The court order that had been protecting Somali TPS holders was lifted on August 14, 2026, and the termination may now take effect. Do not rely on the earlier administrative stay. 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 Somalia.
- 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 14, 2026, the court lifted the administrative stay and denied the motions to keep protections in place, allowing the termination of TPS for Somalia to proceed. Plaintiffs have appealed to the First Circuit and continue to litigate the constitutional claim. Follow ACT, PANA, and CUSP for the most up-to-date information as the case proceeds.