First Circuit Revives 2 TPS Terminations for Ethiopia, South Sudan as SCOTUS Curbs Judicial Review
Updated
Updated · Fox News · Jul 31
First Circuit Revives 2 TPS Terminations for Ethiopia, South Sudan as SCOTUS Curbs Judicial Review
2 articles · Updated · Fox News · Jul 31
Summary
A three-judge First Circuit panel reversed two district court orders that had temporarily kept TPS protections in place for migrants from Ethiopia and South Sudan, handing the Trump administration fresh immigration wins.
The appeals court said the lower-court blocks conflicted with the Supreme Court's June ruling in Mullin v. Doe, which bars courts from stopping TPS terminations on non-constitutional claims.
Judges Brian Murphy and Patti Saris had issued the orders last week while weighing whether plaintiffs could amend their suits to press constitutional claims; the panel said that did not justify freezing the terminations.
African Communities Together and individual TPS recipients argue DHS violated the Administrative Procedure Act and the Constitution, including by failing to assess country conditions properly and by acting with racial bias.
DHS called the rulings a win for the rule of law, while administration allies said the decisions push the litigation toward an end because district courts should not be hearing most TPS termination challenges.