DHS accuses ‘rogue’ Clinton judge of open defiance of Supreme Court

The Trump administration is hammering a federal judge for temporarily blocking its effort to end Temporary Protected Status (TPS) for South Sudan despite a recent Supreme Court decision that significantly narrowed lower courts’ authority to intervene.

U.S. District Judge Patti Saris on Thursday granted an administrative stay in African Communities Together v. Mullin , preserving TPS protections for South Sudanese nationals while she considers whether plaintiffs may amend their lawsuit and seek renewed relief on constitutional grounds.

The order temporarily freezes the administration’s Nov. 6, 2025, decision ending South Sudan’s TPS designation, keeping it “null, void, and of no legal effect” until jurisdiction returns to the 1st Circuit. Saris stressed that the order is a procedural measure to preserve the status quo while the court considers the plaintiffs’ latest filings and is not a ruling on the merits.

“Another rogue district judge just postponed the termination of TPS 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!”

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Hans von Spakovsky, a senior legal fellow at Advancing American Freedom, echoed that criticism, arguing Saris lacked authority to issue any relief after the Supreme Court’s recent TPS ruling.

“She has no right to ‘maintain the status quo,'” von Spakovsky told Fox News Digital. “No jurisdiction 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 Supreme Court’s June decision in Mullin v. Doe reaffirmed that federal law largely bars courts from reviewing or blocking the government’s decisions to end Temporary Protected Status.

Although Mullin involved TPS terminations for Syrian and Haitian nationals, von Spakovsky said the Supreme Court’s interpretation of the TPS statute applies equally to South Sudan.

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“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 criticism stems from the Supreme Court’s June 25 decision in Mullin v. Doe, in which a 6-3 majority held that the TPS statute bars courts from reviewing Administrative Procedure Act (APA) challenges to decisions designating or terminating Temporary Protected Status.

The ruling allowed constitutional Equal Protection claims to continue but blocked the APA claims that Saris had relied on in February to delay South Sudan’s TPS termination.

“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 News Digital.

Following the Supreme Court’s decision, the Justice Department asked the 1st Circuit to reverse Saris’ February ruling. The plaintiffs did not oppose the request, instead asking the appeals court to return the case to the district court so they could amend their complaint and pursue only the constitutional claims the Supreme Court left intact. They then asked Saris to temporarily preserve South Sudan’s TPS protections while those claims moved forward, a request she granted Thursday.

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The lawsuit was filed in December 2025 by African Communities Together and four South Sudanese immigrants protected by TPS. They allege the Department of Homeland Security unlawfully ended South Sudan’s TPS designation without following required procedures and that the decision was motivated by unconstitutional discrimination.

Before the Supreme Court weighed in, Saris repeatedly ruled in favor of the plaintiffs. She first temporarily blocked the TPS termination in December 2025 before issuing a broader postponement in February, finding the plaintiffs were likely to succeed because DHS allegedly failed to follow required procedures, had already decided to end the designation, and offered what the court described as pretextual reasons for doing so.

The Trump administration appealed to the 1st Circuit in March, but Saris declined to stay her own order while the appeal proceeded. The case was later paused pending the Supreme Court’s resolution of related TPS disputes involving Haiti and Syria.

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Saris, who was nominated to the U.S. District Court for the District of Massachusetts by President Bill Clinton in 1993, has presided over a number of high-profile immigration disputes involving both the Trump and Biden administrations.

The temporary order keeps South Sudan’s TPS protections in place for now, but the 1st Circuit and potentially the Supreme Court could soon weigh in on whether the district court has the power to do so after the justices’ recent TPS decision.

Fox News Digital reached out to the White House and to plaintiffs African Communities Together for comment.