The Trump administration is criticizing a federal judge for halting its attempt to end Temporary Protected Status (TPS) for South Sudan after a Supreme Court decision that limited lower courts’ power to intervene.
Judge Patti Saris granted an administrative stay in the case African Communities Together v. Mullin, keeping TPS protections for South Sudanese nationals while she reviews whether the plaintiffs can amend their lawsuit on constitutional grounds. Her order temporarily stops the administration’s decision to end South Sudan’s TPS designation until jurisdiction returns to the 1st Circuit. Saris emphasized that the order is procedural, meant to maintain the current situation while considering the plaintiffs’ new filings.
DHS general counsel James Percival expressed frustration, calling the decision a clear defiance of the Supreme Court.
Hans von Spakovsky from Advancing American Freedom shared this view, stating Saris lacked the authority to offer any relief following the Supreme Court’s recent TPS ruling. He argued that proper judicial action would be to dismiss the lawsuits due to lack of jurisdiction.
The Supreme Court’s ruling in Mullin v. Doe prevents courts from reviewing or blocking the government’s choices regarding TPS termination. Although the case focused on TPS for Syrian and Haitian nationals, von Spakovsky stated it applies equally to South Sudan.
Eric Wessan, Iowa’s solicitor general, expressed confusion over why district courts have not removed roadblocks to TPS termination after the Supreme Court’s decision. The Justice Department has since asked the 1st Circuit to reverse Saris’ ruling. The plaintiffs requested the appeals court return the case to the district court to amend their complaint and pursue constitutional claims left by the Supreme Court. Saris granted this request, preserving South Sudan’s TPS protections temporarily.
The lawsuit was filed by African Communities Together and South Sudanese immigrants, accusing the Department of Homeland Security of unlawfully ending South Sudan’s TPS designation without following procedures and based on unconstitutional discrimination.
Before the Supreme Court ruling, Saris repeatedly sided with the plaintiffs, blocking the TPS termination first in December 2025 and again in February. Her decisions were based on arguments suggesting DHS failed to follow procedures and had pretextual reasons.
The Trump administration appealed, but Saris refused to stay her order during the appeal. The case was held pending the Supreme Court’s resolution of TPS issues involving other nations.
The temporary order currently keeps South Sudan’s TPS protections intact, but the 1st Circuit and the Supreme Court could soon decide whether the district court holds power to maintain these protections after recent Supreme Court rulings.
Fox News Digital sought comments from the White House and plaintiffs African Communities Together on the issue.