African Communities Together, et al v. Noem, et al

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
AFRICAN COMMUNITIES TOGETHER,
PARTNERSHIP FOR THE
ADVANCEMENT OF NEW
AMERICANS, ALEXANDER DOE,
MOHAMED DOE, TYSON DOE, and
NINA DOE, on behalf of themselves and all
others similarly situated,
Plaintiffs,
v.
KRISTI NOEM, in her official capacity as
Secretary of the U.S. Department of
Homeland Security; U.S. DEPARTMENT
OF HOMELAND SECURITY; U.S.
CITIZENSHIP AND IMMIGRATION
SERVICES; and UNITED STATES OF
AMERICA,
Defendants.
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Civil Action No. 26-cv-11201-ADB
MEMORANDUM AND ORDER
BURROUGHS, D.J.
On January 14, 2026, the Department of Homeland Security published notice that
Secretary Noem had concluded that “Somalia no longer continues to meet the conditions for
designation for Temporary Protected Status” (“TPS”) pursuant to 8 U.S.C. § 1254a, and that the
nation’s designation for Temporary Protected Status would be terminated following its
expiration on March 17, 2026. Termination of the Designation of Somalia for Temporary
Protected Status, 91 Fed. Reg. 1547 (Jan. 14, 2026). On March 9, 2026, Plaintiffs filed the
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instant action, challenging the termination of Somalia’s designation for TPS pursuant to the
Administrative Procedure Act, [ECF No. 1 (“Compl.”) ¶¶ 262–313], and the Constitution, [id. ¶¶
314–20]. Presently before the Court is Plaintiffs’ emergency motion, [ECF No. 3], seeking an
administrative stay of the termination of Somalia’s TPS designation, production of the certified
administrative record, and postponement of the March 17, 2026, effective date of the
termination. [Id. at 1–2].
I. 	DISCUSSION
This action was filed fewer than ten days before the termination of Somalia’s TPS
designation is scheduled to take effect. As of the entry of this Order, Defendants have not
appeared in the action, produced the certified administrative record on which the Court must rely
in deciding the merits, see Atieh v. Riordan, 727 F.3d 73, 77 (1st Cir. 2013), or filed a brief
setting forth their position on Plaintiffs’ emergency motion. The Court notes that the
consequences of either granting or denying Plaintiffs’ motion to postpone the effective date of
the termination would be weighty: Plaintiffs aver that if Somalia’s TPS designation is allowed to
terminate, over one thousand people will face “a myriad of grave risks,” including detention and
deportation, physical violence if removed to Somalia, and forced separation from family
members. [Compl. ¶¶ 9–10]. On the other hand, if the Court postpones the effective date of a
decision committed to the executive branch by Congress, see 8 U.S.C. § 1254a(b)(3)(B), it risks
harmful interference with its coordinate branches of government. See Trump v. CASA, Inc., 606
U.S. 831, 861 (2025).
In similar situations, other district courts have used administrative stays “to permit time
for briefing and deliberation,” United States v. Texas, 144 S. Ct. 797, 798 (2024) (Barrett, J.,
concurring) (discussing purpose of appellate-court administrative stays of lower-court decisions).
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See, e.g., Nat’l Council of Nonprofits v. Off. of Mgmt. & Budget, 763 F. Supp. 3d 13, 17
(D.D.C. 2025) (collecting cases). Such stays reflect a “first-blush judgment about the relative
consequences of staying the [agency action] versus allowing it to go into effect.” United States
v. Texas, 144 S. Ct. at 798 (Barrett, J., concurring). On the record now before it, the Court
concludes that those relative consequences favor an administrative stay to permit Defendants to
produce the certified administrative record and the parties to brief the issues presented by
Plaintiffs’ emergency motion.
In light of the serious interests on both sides, the Court will require the parties to establish
and comply with a prompt briefing schedule with the goal of resolving Plaintiffs’ emergency
motion for preliminary relief as quickly as possible.
II. 	CONCLUSION
For the foregoing reasons, Plaintiffs’ emergency motion, [ECF No. 3], is GRANTED IN
PART. The Court will implement an administrative stay and defer ruling on postponement until
the administrative record has been produced and the parties have fully briefed the issues
presented. The March 17, 2026, effective date of the termination of Somalia’s TPS designation,
published at 91 Fed. Reg. 1547, is hereby STAYED subject to further order of the Court. While
the stay is in effect, the termination shall be null, void, and of no legal effect. Individuals with
TPS status based on Somalia’s designation shall retain all rights and protections afforded by TPS
status, including eligibility for work authorization and protection against deportation and
detention based on TPS status, and individuals with pending TPS applications based on
Somalia’s designation shall retain all rights and protections afforded to persons with pending
TPS applications, including eligibility for work authorization and protection against deportation
based on a pending TPS application.
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Plaintiffs are ORDERED to serve a copy of this Order, along with the summons and
complaint, on Defendants by 5:00 p.m. EDT on March 16, 2026, if they have not already done
so. The parties are instructed to confer to establish a schedule for briefing and production of the
administrative record and file such schedule with the Court by no later than 5:00 p.m. EDT on
March 18, 2026.
SO ORDERED.
March 13, 2026 	/s/ Allison D. Burroughs
ALLISON D. BURROUGHS
U.S. DISTRICT JUDGE
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