The Department of Homeland Security (DHS) has expressed criticism towards U.S. District Judge Patti Saris for her decision to temporarily block 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 granted an administrative stay in the case of African Communities Together v. Mullin, allowing TPS protections to remain in place while considering whether the plaintiffs can amend their lawsuit on constitutional grounds.
The order effectively freezes the DHS's decision made on November 6, 2025, to end TPS for South Sudan until the jurisdiction returns to the 1st Circuit. Saris clarified that her order is a procedural measure and does not reflect a ruling on the case's merits. DHS General Counsel James Percival criticized the ruling, stating it represents a defiance of the Supreme Court. Legal expert Hans von Spakovsky also argued that Saris lacked the authority to issue relief following the Supreme Court's recent ruling on TPS.
The Supreme Court's June decision in Mullin v. Doe reaffirmed that federal law restricts courts from reviewing or blocking government decisions regarding TPS. Following this ruling, the Justice Department requested the 1st Circuit to reverse Saris's earlier decision, and the plaintiffs sought to amend their complaint to focus on constitutional claims.
The lawsuit was initiated in December 2025 by African Communities Together and several South Sudanese immigrants, who allege that the DHS unlawfully ended TPS without following necessary procedures and that the decision was influenced by unconstitutional discrimination. The temporary order maintains TPS protections for South Sudan until further judicial review occurs.