President Donald Trump speaks at an event at the General Motors Proving Ground Monday, July 27, 2026, in Milford, Mich. (AP Photo/Paul Sancya).
A federal district court judge accused the Trump administration of "shameful cruelty" and defended her own efforts to phase out a program that long offered temporary protected status (TPS) to more than 1,000 Somali immigrants who have been in the country since 1991.
On Tuesday, in a sentencing memorandum and order, U.S. District Judge Allison D. Burroughs, a Barack Obama appointee, singled out comments made by Department of Homeland Security (DHS) General Counsel James Percival in late July.
In the underlying case, African Communities Together sued DHS over plans to end the TPS program. The case had been effectively dormant – stayed by the court – as the Trump administration's broader push against TPS was considered by the U.S. Supreme Court.
In late June, the nation's high court ruled in favor of the government – allowing DHS to end TPS designations for Haitians and Syrians.
The victory before the justices was about those specific communities. While the Trump administration believes the logic applies to TPS writ large, judges such as Burroughs have expressed doubts.
To hear Burroughs tell it, the Supreme Court's ruling left issues related to both "reviewability of constitutional claims" and equal protection claims "on case-specific factual grounds" outstanding.
So, in early July, Burroughs ordered the parties to enter another round of motions practice over the lingering questions.
"In light of the fact that the [the TPS] decision resolved some, but not all, of Plaintiffs' claims, as well as Plaintiffs' stated intent to amend their pleadings to bring new claims and further develop those that remained after [the TPS decision] the Court concluded that there was not yet reason to lift the administrative stay," the judge explained in her four-page scheduling order on Tuesday.
In light of those remaining considerations, the court ordered a "roughly" six-week schedule for both sides to argue, respond, and reply. During that time, the administrative stay would remain.
But the Trump administration was not pleased with that timeline. Or, rather, with the added six or so weeks during which the government could not begin the process of ending TPS for Somalis.
On July 23, Percival posted on X (formerly Twitter):
Judge Burroughs denied our request to go forward with termination of Somalia TPS notwithstanding our Supreme Court wins. She has promised to further consider the issue, but she has set a deliberately sluggish briefing schedule that will not be complete until August 20. This is a transparent attempt to delay our deportation efforts, effectively granting Somalis a wind down period that DHS expressly declined to grant.
Similar complaints over the schedule were lodged in court filings.
In her latest order, Burroughs chided DHS for its public and docketed opposition – and called out the government for apparent hypocrisy.
"[T]hough it remained quite willing to seek extensions of time in other cases, and though it had not opposed staying this action pending the Supreme Court's decision the government began to strenuously object to this Court seeking further briefing and continuing the administrative stay while that briefing was pending, in written submissions in this case; on appeal of this case; and in public comments," the order reads.
The judge goes on to quote Percival directly – though not by name, instead referring to him as "the general counsel of DHS."
"[H]e complained about the court setting a 'sluggish briefing schedule' and identified the resulting evil as 'effectively granting Somalis a wind down period that DHS expressly declined to grant,'" the order goes on.
Burroughs had choice words for Percival in response.
From the order at length:
Leaving aside the shameful cruelty inherent in eschewing a "wind down period" for people under threat of deportation, many of whom are productive members of our communities who have lived here for years, built a life here, worked here and raised their families here, the Court is mindful of both the Supreme Court ruling and the recent First Circuit judgment in this case.
"That said, the Court will also not abdicate its responsibility to make thoughtful, well-reasoned decisions after affording all parties a full and fair opportunity to be heard," the order continues.
In the end, Burroughs appeared to at least somewhat credit the government's frustrations – ordering an expedited briefing schedule.
Whereas the original final briefing schedule was slated to end, at the absolute latest, by Aug. 20, the judge now wants all parties to submit their motions, along with any responses and replies, by Aug. 6.
Burroughs had one final warning for the government regarding time.
"The Court anticipates a decision on Defendants' motion, which will be accompanied by a decision on Plaintiffs' emergency motion if the Court decides to lift the administrative stay, early next week," the order concludes. "Should Defendants return to the First Circuit prior to that as they threaten in their motion, the Court will assume that it has lost jurisdiction, which will delay its rulings."