The US First Circuit Court of Appeals upheld an immigration policy decision made during President Donald Trump's tenure, clearing the way for it to take effect. The court overturned lower court rulings that temporarily blocked the termination of Temporary Protected Status (TPS) for immigrants from Ethiopia and South Sudan.
The rulings announced on Wednesday relied on the Supreme Court's decision in Mullin v. Doe. That precedent held that courts cannot block TPS terminations based on non-constitutional claims.
The three-judge appellate panel consisted of Judge Julie Rikelman and Judge Seth Aframe, both appointed by President Joe Biden, and Judge Joshua Dunlap, appointed by President Trump. The panel ruled that the preliminary injunctions issued by lower court judges Brian Murphy and Patti Saris contradicted the Supreme Court's ruling.
Iowa Attorney General Eric Wessan said, "These are clear victories following President Trump's major Supreme Court win. It had been made clear that lower courts should not question TPS terminations."
A spokesperson for the Department of Homeland Security (DHS) described the rulings as "a victory for the rule of law and common sense." The spokesperson said, "Temporary Protected Status is exactly that: temporary. TPS has for too long functioned as a de facto amnesty program that Congress never intended to be permanent."
The lawsuits were filed by the New York-based immigrant advocacy group African Communities Together and individual TPS holders from Ethiopia and South Sudan. The plaintiffs allege that DHS unlawfully terminated the protections, violating the Administrative Procedure Act and the Constitution, and that the decisions were motivated by racial discrimination.
Lower court judges Murphy and Saris had last week temporarily halted the TPS termination and decided to maintain the status quo while considering whether to allow the plaintiffs to update their constitutional claims. However, the appeals court ruled that such a block contradicts the Supreme Court's precedent.
DHS General Counsel James Percival had previously described Murphy's ruling as "an insurrection against the Supreme Court" and Saris's ruling as "an open defiance of the judges' ruling."
