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Background: What Is TPS and Why Was Ethiopia Designated?
Temporary Protected Status (TPS) is a humanitarian immigration protection granted by the U.S. Department of Homeland Security (DHS) to nationals of countries experiencing conditions such as armed conflict, natural disasters, or extraordinary circumstances that make safe return impossible or impractical. TPS allows eligible individuals already residing in the United States to remain lawfully and obtain employment authorization for the duration of the designation.
The United States originally designated Ethiopia for TPS in October 2022 in recognition of the country's devastating armed conflicts and humanitarian crises. The designation was later extended through December 12, 2025, owing to continued violence, particularly in the Amhara, Tigray, and Oromia regions. For thousands of Ethiopian nationals, TPS represented a critical legal lifeline while their homeland remained engulfed in instability.
The Termination Decision and Legal Challenge
In December 2025, then-DHS Secretary Kristi Noem published a notice in the Federal Register — Termination of the Designation of Ethiopia for Temporary Protected Status, 90 Fed. Reg. 58028 (Dec. 15, 2025) — declaring that Ethiopia no longer met the statutory conditions for TPS. The administration cited improving peace conditions, including a 2022 Cessation of Hostilities Agreement in Tigray, as justification for the termination, which was set to take effect on February 13, 2026.
The announcement prompted swift legal action. African Communities Together (ACT), an immigrant advocacy organization, along with three individual Ethiopian TPS holders, filed suit in the U.S. District Court for the District of Massachusetts in the case African Communities Together et al. v. Noem et al., No. 26-cv-10278-BEM (D. Mass.). The plaintiffs were represented by Muslim Advocates, the Haitian Bridge Alliance, and the law firm Covington & Burling LLP, with litigation coordination provided by Communities United for Status and Protection (CUSP).
The suit alleged that the DHS termination violated the TPS statute itself, the Administrative Procedure Act (APA), and the Equal Protection Clause of the U.S. Constitution. Plaintiffs argued that the government failed to adhere to the procedural requirements mandated by Congress before ending a TPS designation.
The Court's Ruling
On January 30, 2026, U.S. District Court Judge Brian E. Murphy issued an administrative stay, temporarily halting the TPS termination to allow both sides time to brief the court. Then, on April 8, 2026, Judge Murphy issued a formal memorandum and order granting the plaintiffs' motion to postpone the termination pending full resolution of the merits of the case.
In his opinion, Judge Murphy offered a pointed rebuke of the administration's approach.
"Fundamental to this case and indeed to our constitutional system is the principle that the will of the President does not supersede that of Congress. Presidential whims do not and cannot supplant agencies' statutory obligations."
The court found that the record was "replete with evidence" that conditions in Ethiopia remain too dangerous for nationals to safely return, and that the government had terminated the designation without following the statutory process that Congress had established. The ruling means the TPS designation and all associated legal protections remain in effect for the duration of the litigation, unless overridden by a contrary court order.
As a direct result of the ruling, Employment Authorization Documents (EADs) for Ethiopian TPS holders with original expiration dates of June 12, 2024, and December 12, 2025, are extended through July 1, 2026, per court order. Employers completing Form I-9 for affected employees have been directed by USCIS to enter "as per court order" in Section 1 and "July 1, 2026" in Section 2.
The Administration's Response
DHS sharply criticized the ruling.
"This stay by radical, Biden-appointed Judge Brian Murphy is just the latest example of judicial activists trying to prevent President Trump from restoring integrity to America's legal immigration system. Temporary means temporary. Country conditions, including armed conflicts, in Ethiopia have improved to the point that it no longer meets the law's requirement for Temporary Protected Status."
The department indicated it was working with the Department of Justice to determine next legal steps.
Notably, the ruling came even after DHS had twice prevailed before the U.S. Supreme Court in a similar TPS case involving another country, a fact the agency highlighted in its public statements.
Ground Realities Contradict the Termination
The court's findings align closely with independent humanitarian assessments of Ethiopia. As of mid-2025, the United Nations estimated that approximately 3.3 million people remained internally displaced across the country. Human Rights Watch documented continued armed conflict in the Amhara and Oromia regions throughout 2025, including civilian casualties resulting from drone strikes. The International Rescue Committee listed Ethiopia among the countries most likely to experience a worsening humanitarian crisis in 2026.
Critics of the termination also pointed to a significant policy inconsistency. In September 2025, the Trump administration itself formally continued a National Emergency with respect to Ethiopia, citing ongoing armed conflict, large-scale displacement, and serious human rights concerns, the very same conditions underpinning TPS eligibility.
Broader Legal and Immigration Implications
The Ethiopia TPS ruling is part of a wider legal battleground. Courts have also intervened to block TPS terminations for Haiti and, temporarily, Honduras, though the Ninth Circuit Court of Appeals later stayed the district court's ruling in the Honduras case, finding the government was likely to succeed on appeal. The divergence in outcomes across circuits signals that TPS termination litigation will likely reach the Supreme Court for a definitive ruling on the scope of executive authority in immigration policy.
For immigration attorneys and employers, the immediate practical implications are clear. Ethiopian TPS holders retain their lawful status and work authorization, and employment verification documents must reflect court-extended validity dates. Compliance with updated USCIS and E-Verify guidance is essential.
"We are celebrating alongside over 5,000 of our neighbors who can finally exhale and get back to their lives. This is not the end of our fight. It is just the beginning of a relentless struggle to save TPS."
As African Communities Together et al. v. Noem et al. moves forward on the merits, its outcome will hold significant consequences not only for Ethiopian nationals but also for the future of TPS as a humanitarian protection tool across the United States.