1st Circuit Court Shoots Down Rogue Judges’ Bid To Evade SCOTUS Migrant Ruling; First Circuit Clears Way for Trump to End South Sudan and Ethiopia TPS After Supreme Court Ruling Shuts Down Legal Challenge

LEANDRO PAES LEME/ PEXELS

1st Circuit Court Shoots Down Rogue Judges’ Bid To Evade SCOTUS Migrant Ruling:

A federal appellate court shot down on Wednesday attempts by a pair of rogue judges to sidestep a recent Supreme Court immigration ruling.

In its newly released orders, a three-judge panel on the 1st Circuit Court of Appeals overturned Massachusetts-based Judges Patti Saris and Brian Murphy’s administrative pauses against the Trump administration. Those directives sought to stop the government from ending Temporary Protected Status (TPS) for foreign nationals from South Sudan and Ethiopia, respectively.

The panel was comprised of Judges Julie Rickelman and Seth Aframe, both Biden appointees, and Joshua Dunlap, a Trump appointee.

Saris and Murphy’s actions were seen as an effort to effectively sidestep the U.S. Supreme Court, which sided with the administration on the TPS issue last month. In a 6-3 ruling by Justice Samuel Alito, the high court held that the TPS statute bars federal courts from reviewing non-constitutional claims against the government’s TPS decisions and further shot down a constitutional claim by one of the respondents that the president’s termination of TPS for Haitians was racially motivated.

CNN subsequently reported on Monday about challengers’ efforts to repackage their prior procedural arguments “into new constitutional claims or signaled plans to do so soon” in an apparent attempt to runaround Mullin. Saris and Murphy — the latter of whom has a track record of defying SCOTUS — indicated their administrative stays were issued to give challengers time to amend their initial complaints against the government. --->READ MORE HERE

First Circuit Clears Way for Trump to End South Sudan and Ethiopia TPS After Supreme Court Ruling Shuts Down Legal Challenge:

The Trump administration scored another major immigration victory on Tuesday after the U.S. Court of Appeals for the First Circuit cleared the way for the Department of Homeland Security to terminate Temporary Protected Status (TPS) for South Sudan and Ethiopia.

In a decisive ruling, the First Circuit reversed a lower court order that had temporarily blocked the administration from ending the designation, concluding that the U.S. Supreme Court’s recent decision in Mullin v. Doe foreclosed the legal arguments relied upon by the plaintiffs.

The appeals court held that the Supreme Court’s June 25 ruling made clear that the TPS statute bars judicial review of all non-constitutional challenges to the Homeland Security Secretary’s decisions regarding TPS designations and terminations.

“Previously, upon the government’s motion… we denied an administrative stay of the district court’s order postponing the termination of Temporary Protected Status (‘TPS’) for South Sudan,” the First Circuit wrote. “Upon further briefing, we now reverse the postponement order in light of Mullin v. Doe.”

The court explained that the Supreme Court held that “the TPS statute’s judicial-review bar applies to all non-constitutional claims” challenging the Secretary’s TPS determinations, and those were the only claims supporting the district court’s injunction.

As a result, the First Circuit granted the Trump administration’s request for summary reversal, denied its request for a stay as moot, and sent the case back to the district court for proceedings consistent with the Supreme Court’s decision.

This ruling dismantles another activist-judge roadblock erected against the lawful termination of a TPS designation that DHS determined no longer met statutory conditions. --->READ MORE HERE

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