Judge lifts block on ending TPS for Ethiopians

A federal judge has allowed the Trump administration to end legal protections that have allowed over 5,000 Ethiopians to live and work in the United States, according to Reuters reporting. U.S. District Judge Brian Murphy in Boston lifted the last judicial block on the Department of Homeland Security terminating the Temporary Protected Status (TPS) designation for Ethiopia, a decision that comes after the U.S. Supreme Court in June permitted the administration to end similar protections for thousands of people from Haiti and Syria.

The ruling follows the Supreme Court's 6-3 conservative majority decision that curtailed judges' ability to review DHS efforts under President Trump to end TPS designations for 13 countries. The high court's action effectively limited the legal avenues available to challenge such terminations.

In a social media post, DHS General Counsel James Percival hailed the latest decision, writing: "All TPS terminations are in effect!"

Background and reaction

TPS, established under federal law, provides work authorization and temporary protection from deportation to individuals from countries experiencing natural disasters, armed conflicts, or other extraordinary events. The designation for Ethiopia was first granted in 2022 under the Biden administration, but DHS announced in December that it would end the protections, stating that conditions no longer posed a serious threat.

The termination was challenged by several Ethiopian nationals and the advocacy group African Communities Together. Diana Konaté, the group's deputy executive director of policy and advocacy, expressed disappointment, saying: "The crisis in Ethiopia is still ongoing, and this decision puts the lives of thousands of Ethiopians living in the U.S. at severe risk."

Legal proceedings and arguments

Judge Murphy had previously blocked DHS in April, saying the department had disregarded statutory procedures and provided a "pretextual" rationale for its decision. His new order continued the block temporarily while considering additional arguments, including the claim that only the attorney general, not DHS, had authority under the 1990 statute. However, Murphy rejected that argument, consistent with rulings in similar cases involving South Sudan, Myanmar, and Somalia.

The judge dismissed most claims but allowed the plaintiffs to proceed with their allegation that DHS acted with racial or national origin animus, which they argue violates the Fifth Amendment. The plaintiffs had argued that the administration ignored dangerous conditions in Ethiopia and acted with discriminatory intent.

Judge Murphy's ruling applies specifically to Ethiopia's TPS designation, but other courts have recently allowed TPS designations to end for South Sudan, Somalia, and Myanmar.