2 weeks ago
Trump administration gets court nod to end Somali TPS
Many people from a country called Somalia came to live in the United States under a special program called Temporary Protected Status.
This program lets people from dangerous countries stay safely in the US for a while.
The Trump administration said Somalia is now safer, so it wanted to end that program.
Some Somali people and advocacy groups disagreed and went to court to stop it.
They said the decision was unfair and based on discrimination.
A judge named Allison Burroughs first put a stop to the ending of the program.
But then the Supreme Court made a decision that limited what lower-court judges can do in these kinds of cases.
So the judge lifted the stop, saying her hands were tied by the Supreme Court's ruling.
This means thousands of Somali people could have to leave the US if they do not have another legal reason to stay.
The judge did say the Somali people presented a compelling case and could suffer serious harm.
US District Judge Allison Burroughs lifted a stay that had blocked the Department of Homeland Security from ending Somalia's Temporary Protected Status (TPS) designation.
The judge cited the Supreme Court's June ruling in Mullin v Doe, which limited judicial review of certain TPS termination decisions.
Ending the designation could expose Somali nationals without another lawful basis to remain in the US to deportation.
The Trump administration announced in January it planned to end Somalia's TPS, with then-DHS Secretary Kristi Noem saying conditions in Somalia had improved.
Plaintiffs alleged the termination was discriminatory and violated the Fifth Amendment, but the judge concluded the Supreme Court ruling constrained her ability to block it.
- Who
- US District Judge Allison Burroughs, the Trump administration and the Department of Homeland Security, thousands of Somali nationals, and plaintiffs including four Somali nationals and advocacy groups such as African Communities Together.
- What
- A federal court lifted a stay, clearing the way for the administration to end Somalia's Temporary Protected Status designation and potentially allowing deportations.
- Where
- The United States, with the ruling issued in Boston.
- When
- On Friday, following the Supreme Court's June ruling in Mullin v Doe; the administration announced its planned termination in January.
- Why
- The Supreme Court's ruling in Mullin v Doe limits judicial review of certain TPS termination decisions, and the administration argued that conditions in Somalia had improved sufficiently.
TPS Challengers (Somali plaintiffs and advocacy groups)
Trump Administration
Reason for ending TPS
TPS Challengers (Somali plaintiffs and advocacy groups)
Plaintiffs argued the termination was motivated by racial and national-origin discrimination, citing Trump's previous remarks about Somalis, and said it violates the Fifth Amendment.
Trump Administration
The administration said conditions in Somalia have improved sufficiently for the humanitarian protections to end, as argued by then-Homeland Security Secretary Kristi Noem.
Court's role
TPS Challengers (Somali plaintiffs and advocacy groups)
Plaintiffs amended their complaint to raise new constitutional claims and sought emergency relief, arguing the courts should be able to review the termination.
Trump Administration
The administration relied on the Supreme Court's ruling in Mullin v Doe, which holds that the TPS statute bars judicial review of certain non-constitutional decisions to terminate TPS designations.
Key facts
- Judge
- US District Judge Allison Burroughs (Boston)
- Key Supreme Court ruling
- Mullin v Doe (June)
- Affected group
- Somali nationals on Temporary Protected Status
- Estimated population affected
- Several thousand Somali nationals
- Administration action
- Announced plan in January to end Somalia's TPS designation
- DHS secretary at announcement
- Kristi Noem
- Plaintiffs
- Four Somali nationals and advocacy groups including African Communities Together
- Potential consequence
- Deportation for those without another lawful basis to remain
Quotes
Judge Allison Burroughs
U.S. District Judge in Boston, appointed by Barack Obama
“"bound … to view things through the Mullin prism"”
livemint.com
Sources
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