Judge blocks end of deportation protection for South Sudanese migrants

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A federal district judge in Boston has granted an emergency request by several South Sudanese to prevent their temporary protected status from expiring.

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BOSTON, Dec 30 (Reuters) – A federal judge on Tuesday blocked U.S. President Donald Trump’s administration’s plan to end temporary protection from deportation granted to hundreds of South Sudanese living in the United States.

U.S. District Judge Angel Kelly in Boston granted an emergency request by several South Sudanese individuals and immigrant rights groups to prevent their temporary protected status from expiring as scheduled after January 5th.

Kelly, who was appointed by former Democratic President Joe Biden, issued the order after four immigrants from South Sudan filed a lawsuit with the nonprofit group African Communities Together. The lawsuit argued that the U.S. Department of Homeland Security’s actions were illegal and could result in deportation to a country facing a series of humanitarian crises.

South Sudan has been ravaged by conflict since gaining independence from Sudan in 2011. Fighting has continued across much of the country since a five-year civil war that killed an estimated 400,000 people ended in 2018, and the U.S. State Department has advised citizens not to travel to the country.

The United States began placing South Sudan under Temporary Protected Status (TPS) in 2011.

This status is available to people who have experienced a natural disaster, armed conflict, or other extraordinary situation in their home country. Grant work permits to eligible immigrants and provide temporary protection from deportation.

According to the complaint, approximately 232 South Sudanese nationals are TPS beneficiaries who have sought refuge in the United States, and an additional 73 have pending applications for similar protection.

On November 5, Secretary of Homeland Security Kristi Noem announced a notice to terminate TPS for South Sudan, stating that the country no longer meets the criteria for the designation.

Her department has similarly moved to eliminate temporary protection for foreign nationals from countries including Syria, Venezuela, Haiti, Cuba and Nicaragua, sparking several court challenges.

A Department of Homeland Security spokesperson said ahead of the court’s ruling: “With the renewed peace in South Sudan, the country’s demonstrated commitment to ensuring the safe reintegration of its returning nationals, and improved diplomatic relations, now is the appropriate time to conclude what was always intended to be a temporary designation.”

The complaint alleges that the agency’s actions violate the statutes governing the TPS program, ignore the dire humanitarian situation that remains in South Sudan, and are motivated by discrimination against non-white immigrants in violation of the Fifth Amendment to the U.S. Constitution.

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