Obama Judge Blocks Trump TPS Termination for Somalia, Sparking Conservative Backlash

A federal judge appointed by former President Barack Obama has again blocked the Trump administration from ending temporary protected status (TPS) for Somalia, issuing a new administrative stay that critics say defies a recent Supreme Court ruling.

U.S. District Judge Allison Burroughs issued the stay Friday after plaintiffs rewrote their lawsuit to focus on constitutional claims. The move comes just days after the First Circuit Court of Appeals threw out similar stays for Ethiopia and South Sudan, citing the Supreme Court's June decision in Mullin v. Doe that sharply limited lower courts' ability to block TPS terminations.

What Did the Judge's Order Do?

Burroughs' order temporarily prevents the Department of Homeland Security from ending Somalia's TPS designation. The plaintiffs, including African Communities Together, filed an amended complaint alleging the Trump administration violated the Fifth Amendment by terminating Somalia's TPS based on racial and national-origin discrimination.

The judge declared the TPS termination 'void' for now while she decides whether any of the claims justify a more permanent pause.

Why Are Conservatives Criticizing This Ruling?

Iowa Solicitor General Eric Wessan sharply criticized the order, arguing it 'turns the law upside down.'

'I looked at the amended complaint in the Somalia TPS case. The district judge has entered a novel administrative stay to sort out the claims. She has declared the TPS termination void for now, while deciding whether any of the claims can justify a more permanent pause,' Wessan wrote on X.

Wessan argued that four of the lawsuit's five claims are foreclosed by the Supreme Court's Mullin decision and called the remaining claim 'frivolous.'

'Even if this was a fresh lawsuit without the baggage, the claims cannot justify any relief — much less meet the high bar for interim relief. This is very bad. I hope that, with time to review, Judge Burroughs vacates her administrative stay to allow the correct status quo to continue,' Wessan wrote.

DHS General Counsel James Percival accused Burroughs of continuing 'a pattern of judicial obstruction.'

'Judge Allison Burroughs just entered yet another order preventing the termination of Somalia TPS. There is no serious debate about what is going on in these cases — defiance, obstruction, and delay,' Percival wrote on X.

What Do the Plaintiffs Argue?

The plaintiffs contend their amended complaint presents a fundamentally different case than those rejected by the First Circuit. They argue the DHS decision to revoke Somalia's TPS was predetermined, pointing to President Donald Trump's November 2025 Truth Social post announcing the end of TPS months before DHS completed its review process.

The lawsuit claims this deprived Somali TPS holders of fair process guaranteed by the Fifth Amendment's due process clause. It also alleges the administration violated equal protection guarantees by targeting Somali nationals based on race and national origin, citing Trump's past remarks describing Somali immigrants as 'criminals,' 'gang members,' and 'low IQ,' as well as his statements that he doesn't 'want them in our country.'

'These statements evince the Administration's racist and xenophobic motivations to exclude Somali people from the country,' the plaintiffs wrote.

What Does This Mean for Iowa?

While Iowa's Somali population is relatively small, the case has broader implications for immigration enforcement and the balance of power between federal courts and the executive branch. Iowa Solicitor General Wessan's strong criticism signals that state officials are closely watching how the courts handle TPS cases.

The ruling also raises questions about whether district judges are using administrative stays to work around higher court rulings, a concern that has grown since the Supreme Court's Mullin decision.

What Happens Next?

Burroughs has presided over the Somalia TPS litigation since March, when she first entered an administrative stay preventing termination. The First Circuit's recent reversal of similar stays for Ethiopia and South Sudan suggests the Somalia case could face a similar fate on appeal.

For now, the Trump administration's immigration agenda faces another judicial roadblock — one that Iowa's top legal official says should not stand.