Judge Burroughs Blocks Somalia TPS Termination Again as New 5th Amendment Claims Test SCOTUS Limits
Updated
Updated · Fox News · Aug 1
Judge Burroughs Blocks Somalia TPS Termination Again as New 5th Amendment Claims Test SCOTUS Limits
3 articles · Updated · Fox News · Aug 1
Summary
A Massachusetts federal judge on Friday issued a new administrative stay that keeps Somalia’s Temporary Protected Status in place after plaintiffs rewrote their case around constitutional claims.
The amended lawsuit argues DHS had effectively predetermined the termination, citing Trump’s November 2025 post announcing TPS would end before the agency finished its review, and alleges racial and national-origin discrimination under the Fifth Amendment.
The order came days after the First Circuit threw out similar stays for Ethiopia and South Sudan, relying on the Supreme Court’s June Mullin v. Doe ruling that generally bars lower courts from blocking TPS terminations on non-constitutional grounds.
DHS General Counsel James Percival and Iowa Solicitor General Eric Wessan blasted the stay as judicial obstruction, while plaintiffs say the Somalia case is materially different because it rests on due-process and equal-protection claims.