Big blow: US judge clears way for Trump to deport over 5,000 Ethiopians
This story has significance for readers across Kenya and beyond.
- US District Judge Brian Murphy lifted the final judicial block preventing the Trump administration from ending TPS protections for Ethiopians
- The ruling follows a June US Supreme Court decision that restricted courts' ability to challenge Homeland Security's termination of TPS protections
- Rights groups warned that thousands of Ethiopians now face deportation to a country still listed under a Level 3 US travel advisory
A United States federal judge has cleared the way for the Trump administration to revoke Temporary Protected Status (TPS) for more than 5,000 Ethiopians living in the US, removing the last legal obstacle standing between them and potential deportation.
US District Judge Brian Murphy issued the ruling on Tuesday, dismissing arguments that had previously delayed the government's efforts to end TPS protections for Ethiopians.
His earlier pause on those efforts had kept the question alive while the court weighed whether it was the attorney general, rather than the Department of Homeland Security (DHS), that held the legal authority to terminate TPS before its expiry date. Murphy ultimately rejected that argument.
What Is TPS and Who Is Affected?
TPS is a legal category that permits foreign nationals to remain in the US and apply for work authorisation when conditions in their home country are deemed too dangerous for return. As of March, approximately 1.29 million people across 17 nationalities were living in the US under TPS protection.
The Pew Research Center estimates that the Trump administration's broader campaign to dismantle the programme could strip protections from at least one million people.
The administration has moved to terminate TPS for at least 13 nationalities, including Venezuelans, Nicaraguans, South Sudanese, and Somalis.
Ethiopians were first granted TPS in 2022 under the Biden administration, citing violent conflict and a deteriorating humanitarian situation inside the country. The DHS announced in December that it would end those protections, arguing that conditions in Ethiopia "no longer pose a serious threat to the personal safety of returning Ethiopian nationals."
Criticism From Rights Groups
Human rights advocates sharply disputed that assessment. Diana Konate, deputy executive director of policy and advocacy at African Communities Together, told Reuters: "The crisis in Ethiopia is still ongoing, and this decision puts the lives of thousands of Ethiopians living in the US at severe risk."
The US State Department currently places Ethiopia under a Level 3 travel advisory, its second-highest warning category, cautioning American citizens against travelling there due to "unrest, crime, kidnapping, terrorism [and] landmines."
Tuesday's decision follows a 6-3 ruling by the US Supreme Court in June that narrowed the scope of judicial review over DHS efforts to terminate TPS protections. Although that ruling centred on recipients from Syria and Haiti, it carried implications for other nationalities challenging the premature end of their status.
DHS General Counsel James Percival announced the outcome on social media, writing: "Judge Brian Murphy just lifted the stay of Ethiopia TPS termination. All TPS terminations are in effect!"
Homeland Security Secretary Markwayne Mullin also responded to the ruling, writing: "Temporary Protected Status is just that — TEMPORARY," and warning those whose status had been cancelled that they faced two options: "leave immediately or be swiftly deported."
Judge Murphy's ruling does leave open the possibility of an appeal, on the grounds that the Trump administration may have been motivated by racial or national origin bias in its decision-making.
Source: TUKO.co.ke
Reporting originally appeared via TUKO. Read the full source for additional context.