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2.0

DHS auto-extends South Sudan's TPS designation before terminating TPS

  1. Original Date Announced

    May 2, 2025

    South Sudan's Temporary Protected Status (TPS) designation, which was set to expire on May 3, 2025, was automatically extended by 6 months.

    "Under the TPS statute, if the Secretary does not determine whether a foreign state continues to meet the conditions for designation for TPS at least 60 days before the current expiration of the country’s TPS designation, the period of designation is automatically extended for six months."

    The renewal states that "[t]he Secretary was unable to make an informed determination on South Sudan’s designation by the March 4, 2025 statutory deadline due to the lack of an updated analysis of current country conditions in South Sudan."

    Trump 2.0 [ID #1726]

    2025.05.06 DHS - Extension of South Sudan Designation for TPS
  2. Effective Date

    May 2, 2025
  3. Subsequent Trump and Court Action

    November 6, 2025

    2025.11.06 USCIS - Termination of the Designation of South Sudan for Temporary Protected Status

    DHS Secretary Kristi Noem terminated South Sudan's designation for Temporary Protected Status (TPS), which already was set to expire on November 3--3 days prior to the publication of the termination decision in the Federal Register. The Secretary determined that “South Sudan no longer continues to meet the conditions for the designation of Temporary Protected Status” and that although extraordinary and temporary conditions remain in South Sudan that prevent South Sudanese nationals from safely returning there, “it is contrary to the national interest to permit South Sudanese nationals . . . to remain temporarily in the United States.” The termination is effective January 5, 2026.

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  4. Subsequent Trump and Court Action

    December 22, 2025

    2025.12.22 Complaint - African Communities Together v. Noem

    African Communities Together and individual South Sudanese TPS holders filed suit to challenge the Trump administration's decision to terminate TPS for South Sudan. Plaintiffs argue that the TPS termination violates the Constitution's equal protection guarantee as it was based on discriminatory animus, as well as the Administrative Procedure Act. The suit seeks to prevent hundreds of South Sudanese TPS holders from losing their legal status and work authorization, and from facing deportation amidst ongoing crises in South Sudan. African Communities Together v. Noem, No. 1:25-cv-13939 (D. Mass.).

    **Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**

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  5. Subsequent Trump and Court Action

    December 30, 2025

    2025.12.30 Order Granting Administrative Stay - African Communities Together v. Noem

    District Judge Angel Kelley issued an administrative stay of the termination of South Sudan’s TPS designation to “preserve the status quo in advance of the assigned Judge’s full consideration of the merits.” The court clarified that the legal consequences of being in TPS status and having a pending TPS application based on South Sudan’s designation shall continue to apply. African Communities Together v. Noem, No. 1:25-cv-13939 (D. Mass.).

    **Link to case here. See litigation note above**

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  6. Subsequent Trump and Court Action

    February 12, 2026

    2026.02.12 Order Granting Motion to Postpone - African Communities Together v. Noem

    District Judge Patti B. Sarris granted plaintiffs’ motion to postpone the termination of TPS for South Sudan pursuant to 5 U.S.C. § 705. The court concluded that plaintiffs are likely to succeed on their arguments that DHS Secretary Noem violated the APA by arbitrarily adopting a pattern and practice of terminating each and every TPS designation, by giving pretextual reasons for the termination of South Sudan’s TPS designation, and by failing to meaningfully consult with appropriate agencies. African Communities Together v. Noem, No. 1:25-cv-13939 (D. Mass.).

    **Link to case here. See litigation note above**

    View Document
  7. Subsequent Trump and Court Action

    March 12, 2026

    2025.03.12 USCIS - Update on Termination of TPS for South Sudan

    USCIS issued an update following the stay in African Communities Together v. Noem, No. 1:25-cv-13939 (D. Mass.) on December 30, 2025. The update states that TPS South Sudan beneficiaries will keep their status and employment authorization. Employment Authorization Documents (EADs) with category A12 or C19 remain valid and are extended.

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Current Status

None

Original Trump Policy Status

Trump Administration Actions: Agency Directive Program Termination
Subject Matter: TPS
Agencies Affected: USCIS

Associated or Derivative Policies

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