The Department of Homeland Security (DHS) has criticized U.S. District Judge Patti Saris for issuing a temporary stay that blocks the termination of Temporary Protected Status (TPS) for South Sudanese nationals. This decision comes despite a recent Supreme Court ruling that limited lower courts' authority to intervene in such matters. Judge Saris's order preserves TPS protections while she reviews whether the plaintiffs can amend their lawsuit to seek constitutional relief. DHS General Counsel James Percival stated that this decision represents a defiance of the Supreme Court's authority. Legal experts, including Hans von Spakovsky, argue that Judge Saris lacks the jurisdiction to grant such relief following the Supreme Court's ruling in Mullin v. Doe, which affirmed that federal law restricts courts from reviewing TPS decisions. The case was initiated by African Communities Together and four South Sudanese immigrants, who claim that the DHS unlawfully ended TPS without following necessary procedures and that the decision was based on unconstitutional discrimination. The temporary order will remain in effect until the 1st Circuit Court reviews the case.
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DHS Criticizes Federal Judge for Blocking Termination of TPS for South Sudan
The DHS has criticized a federal judge's decision to temporarily block the termination of TPS for South Sudanese nationals, citing a recent Supreme Court ruling that limits lower court intervention. Judge Patti Saris's order allows for a review of the plaintiffs' claims while preserving TPS protections for the time being.
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DHS accuses 'rogue' Clinton judge of open defiance of Supreme Court
DHS Criticizes Federal Judge for Blocking Termination of TPS for South Sudan