Federal judge accused of defying Supreme Court with pro-TPS agenda * WorldNetDaily * by Bob Unruh

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hundreds of illegal immigrants being processed by U.S. Border Patrol officersHundreds of illegal immigrants are processed by U.S. Border Patrol officers in Eagle Pass, Texas, on Sept. 18, 2023.

A federal judge is being accused of defying the U.S. Supreme Court with a pro-TPS agenda.

“Another rogue district judge just postponed the termination of TPS (Temporary Protected Status) for South Sudan,” DHS general counsel James Percival wrote on X, slamming the decision. “This is open defiance of the Supreme Court, plain and simple!”

The judge is temporarily blocking the Trump administration’s plans to end TPS protection for people from South Sudan.

That’s despite a Supreme Court ruling that significantly narrowed the circumstances when judges can do that.

U.S. District Judge Patti Saris has ordered an administrative stay in the case brought by African Communities Together. She ordered continued special protections for South Sudanese nationals while she considers whether plaintiffs may amend their lawsuit and seek renewed relief.

A Fox report said Hans von Spakovsky, a senior legal fellow at Advancing American Freedom, explained Saris lacks authority to issue any relief after the Supreme Court’s recent TPS ruling.

While the judge claimed she wanted the “status quo,” that’s what she has no right to have, he said.

“No jurisdiction (as ordered by the Supreme Court) means no jurisdiction and under the applicable law, the only proper course of judicial action is to dismiss the lawsuits, explaining that based on the law and the Supreme Court’s decision, she has no jurisdiction to entertain any claims in her courtroom,” he said.

The expert said the ruling from Mullin v. Doe at the high court “reaffirmed that federal law largely bars courts from reviewing or blocking the government’s decisions to end Temporary Protected Status,” the report said.

Von Spakovsky suggested discipline.

“These decisions on Sudanese nationals need to be overturned by the Supreme Court in emergency appeals and the judges need to be disciplined for their misconduct in refusing to follow the Supreme Court decision and the federal law that bans them from questioning decisions made by the executive branch on TPS status,” he said.

The high court had in a 6-3 ruling held at the TPS statute actually bars courts from reviewing Administrative Procedure Act challenges to decisions starting or stopping those special privileges.

Those actions originally were intended to protect people in the United States who would have difficulty returning to their home nations because of natural disasters or political upheavals.

Saris relied on APA claims in her ruling even though they were blocked by the high court’s ruling.

“The Supreme Court ruled that district courts lack jurisdiction to review terminations of temporary protected status. I’m confused why some district courts have not yet removed any remaining road blocks,” Eric Wessan, Iowa’s solicitor general, told Fox.

The DOJ had asked the 1st Circuit Court of Appeals to reverse Saris’ ruling, from months ago, but she demanded the “status quo” when the plaintiffs insisted on time to correct their complaint and add constitutional claims that the Supreme Court said could be raised.

Bob Unruh

Bob Unruh joined WND in 2006 after nearly three decades with the Associated Press, as well as several Upper Midwest newspapers, where he covered everything from legislative battles and sports to tornadoes and homicidal survivalists. He is currently a news editor for the WND News Center, and also a photographer whose scenic work has been used commercially. Read more of Bob Unruh's articles here.