Scope: Federal
Branch: Judicial
Severity: Amber
Date occurred: August 7, 2026
Phase: Aug 2026
On August 7, 2026, federal judges in Boston and Chicago rejected last-ditch challenges to DHS ending Temporary Protected Status for South Sudan (about 232 people) and Myanmar (about 4,000 people), following a June 2026 Supreme Court ruling that curtailed lower courts' ability to review DHS's TPS terminations for roughly a dozen countries, a precedent already applied to end TPS for Haiti and Syria. Judge Kennelly, a Clinton appointee, and Judge Saris both concluded that questioning DHS's termination authority would also call into question its authority to extend TPS. DHS's general counsel said only Ethiopia and Somalia TPS terminations remain blocked by courts.
Constitutional basis: Judiciary's own interpretation curtailing scope of its review over executive agency action, following its June 2026 precedent
Sources
- Reuters
- Al Jazeera