A liberal-led federal appeals court handed President Donald Trump two immigration victories Wednesday, reversing separate district court orders that had delayed the termination of Temporary Protected Status (TPS) for migrants from South Sudan and Ethiopia.
The judgments from the First Circuit Court of Appeals come after U.S. District Judges Brian Murphy and Patti Saris issued back-to-back orders temporarily blocking the Trump administration’s termination of TPS for Ethiopia and South Sudan, respectively, late last week. The rulings drew sharp criticism from legal experts and Trump administration officials, who called the judges “rogue” and argued their decisions defied the Supreme Court.
The three-judge First Circuit panel consisted of Judges Julie Rikelman and Seth Aframe, both appointed by President Joe Biden, and Judge Joshua Dunlap, who was appointed by President Donald Trump.
BIDEN JUDGE BLOCKING ETHIOPIAN DEPORTATIONS DESPITE SCOTUS RULING CLASHED WITH ICE BEFORE
SUPREME COURT WEIGHS TRUMP EFFORT TO TERMINATE TEMPORARY PROTECTIONS FOR HAITIAN, SYRIAN MIGRANTS
In nearly identical rulings, the majority liberal panel found that the lower court judges’ orders conflicted with the Supreme Court’s decision in Mullin v. Doe, which held that courts cannot block TPS terminations based on non-constitutional claims.
“Mullin held that ‘the TPS statute’s judicial-review bar applies to all non-constitutional claims’ challenging the Secretary of Homeland Security’s determination with respect to the termination of a TPS designation,” the judges wrote.
Iowa Solicitor General Eric Wessan told Fox News Digital that the First Circuit correctly applied the precedent established by the Supreme Court.
“These are clear wins for President Trump following his big win at the U.S. Supreme Court, explaining that district courts are not supposed to second guess TPS terminations, and even as this plays out, we’re moving towards the end of this litigation because district courts should not be hearing these disputes, and that’s what the Supreme Court said,” Wessan told Fox News Digital.
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A Department of Homeland Security (DHS) spokesperson welcomed the rulings as “a win for the rule of law and common sense.”
“Temporary Protected Status is exactly thatâtemporary,” the spokesperson said in a statement to Fox News Digital. “For too long, TPS has been allowed to function as a de facto amnesty program despite Congress never intending it to be permanent.”
The lawsuits were brought by African Communities Together, a New York-based immigrant advocacy organization that serves as the lead plaintiff in both cases, alongside individual TPS recipients from Ethiopia and South Sudan. The plaintiffs argue DHS unlawfully ended the protections in violation of the Administrative Procedure Act and the Constitutio
