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A Biden-appointed federal judge twice rebuked by the Supreme Court temporarily blocked another Trump administration immigration priority, postponing the termination of temporary protected status for Ethiopians living in the U.S.
Judge Brian Murphy of Massachusetts, who has become a frequent legal hurdle for the Trump administration, found that the Department of Homeland Security did not follow proper protocols when it decided to cancel the temporary protected status (TPS) of more than 5,000 Ethiopians in the United States.
DHS’ decision would have made the migrants eligible for deportation in 60 days and aligned with the Trump administration’s goal of dramatically narrowing the government’s use of TPS as part of its immigration crackdown.
Conservatives lashed out at Murphy on social media for dealing another loss to the president they perceived as unjust. Sen. Eric Schmitt, R-Mo., said the ruling was not subject to judicial review under federal immigration law. Murphy had found that DHS did not meet the necessary conditions under the law to legally cancel TPS.
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“This Rogue Judge lacks the subject matter jurisdiction to issue this order,” Schmitt said. “The assault on the rule of law continues.”
George Washington University law professor Jonathan Turley pointed to his writings on Murphy, saying “this system cannot function with such rogue operators at the trial level.”
Murphy emerged as a thorn to the government when he issued a series of rulings last year blocking DHS from deporting migrants to countries other than their nations of origin, leading the Supreme Court to twice reverse his rulings, including by issuing a rare 7-2 clarification saying that Murphy had flouted the high court’s order.
His recent order doubling down on his prior rulings in the case was blocked by an appeals court last month.
Murphy noted that he was not bucking the Supreme Court with his TPS opinion after the justices issued a string of emergency rulings green-lighting the cancellation of TPS for some countries, while holding off on addressing it for others.
“Note that the Supreme Court gave no explanation for its recent stays of related, but not identical, district court orders. … Nor did the Supreme Court explain its subsequent decision not to stay the district court orders in two consolidated,” Murphy wrote, saying, therefore, that there was “no reason to assume” the Supreme Court’s opinion on TPS.
Iowa Solicitor General Eric Wessan said the law did not permit judges to weigh in on TPS and noted the Supreme Court’s position.
“One big problem for Murphy is the statute: It explains TPS determinations aren’t reviewable. Another is the Supreme Court, which has stopped similar orders twice!” Wessan said. “He finds neither statute nor SCOTUS stops him. I’m unconvinced.”
Last month, Murphy also temporarily blocked Health and Human Services Secretary Robert F. Kennedy Jr.’s vaccine overhaul, finding Kennedy’s revised immunization plan reducing the number of vaccines required for children likely violated the law. The move prompted fierce criticism from conservatives, who accused Murphy of activism and selectively weighing “science” in the case.
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The TPS lawsuit, brought this year by an immigration advocacy group and three Ethiopians with protected status, alleged that DHS violated immigration laws and acted with animus by unconstitutionally discriminating against Ethiopian migrants.
DHS canceled TPS for a string of countries, “the apparent goal of which is to significantly reduce the number of non-white and non-European immigrants in the United States,” the plaintiffs’ lawyers wrote in the complaint.
“That animus and related rhetoric have been particularly stark for the nationals of majority Black countries,” the lawyers wrote.
The Department of Justice could appeal Murphy’s ruling, leading to another legal escalation of a prominent case before him. Fox News Digital reached out to the DOJ and Murphy’s chambers for comment.
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