A Massachusetts federal judge has blocked the administration’s effort to end Temporary Protected Status for Somalia, issuing an administrative stay after plaintiffs amended their lawsuit with constitutional claims.
Judge Allison Burroughs, appointed by a former president, issued the stay on Friday following an amended complaint that alleges a Fifth Amendment violation based on racial and national‑origin discrimination in the TPS termination.
The plaintiffs filed the amendment and an emergency motion after the Supreme Court’s June decision in Mullin v. Doe, which limited lower courts’ ability to block TPS terminations on non‑constitutional grounds.
The order has intensified criticism that district judges are using administrative stays to circumvent higher‑court rulings, arriving days after the First Circuit reversed similar stays that had delayed TPS terminations for Ethiopia and South Sudan.
The appellate court based its decision on the Mullin ruling, which holds that lower courts generally cannot block TPS terminations founded on non‑constitutional claims.
DHS General Counsel James Percival responded, describing the judge’s action as defiance, obstruction, and delay.
Iowa Solicitor General Eric Wessan argued that the emergency relief was improper, noting that four of the five claims were foreclosed by Mullin and labeling the remaining claim as frivolous.
Wessan contended the order reverses established legal standards and urged the judge to vacate the stay so the status quo could resume.
Plaintiffs maintain the amended complaint presents a distinct case, asserting that the Department of Homeland Security’s decision was predetermined, citing a November 2025 presidential post announcing the TPS end before the required review was completed.
They argue this pre‑determination violated the Fifth Amendment Due Process Clause by depriving Somali TPS holders of a fair process.
The complaint also alleges an Equal Protection violation, pointing to prior remarks characterizing Somali immigrants as criminals and expressing a desire to send them back, suggesting racially motivated exclusion.
Judge Burroughs first entered an administrative stay on March 13, pausing the TPS termination while litigation proceeds.
The case remains pending as courts assess the constitutional claims and determine the appropriate scope of interim relief.
