In a significant win for sound immigration policy and the America First agenda, a federal appeals court has delivered a decisive blow to judicial activism, overturning a lower court’s order that had previously obstructed the Trump administration’s legitimate efforts to terminate Temporary Protected Status (TPS) for Ethiopians. The ruling by the U.S. Court of Appeals for the First Circuit reinforces the executive branch’s authority in immigration matters and stands as a clear rebuke to attempts at judicial overreach.
This appellate victory comes hot on the heels of a district judge’s perplexing decision to grant an administrative stay, inexplicably keeping in place deportation safeguards for thousands of Ethiopians, despite evolving conditions. That same judge, Brian Murphy, had signaled an intent to continue postponing termination on remand, illustrating a pattern of judicial defiance that has drawn sharp criticism.
“The government’s request for summary reversal is allowed. … The matter is remanded for further proceedings in light of and consistent with [Mullin v. Doe],” the federal appeals judges stated. This decision directly aligns with a crucial Supreme Court ruling last month, which affirmed the federal government’s right to end TPS designations for Haiti and Syria—cases strikingly similar to Ethiopia’s.
The High Court had unequivocally ruled that federal law prohibits judicial review of specific legal arguments challenging the Department of Homeland Security’s (DHS) determinations on protected status. This should not be complicated, yet some in the lower courts appear determined to invent new ways to circumvent clear legal precedents.
DHS special counsel James Percival, no stranger to the frustrating dance of judicial delays, underscored the absurdity. “A great win to be sure. But remember, the district judge already indicated that [he] would enter a new order postponing the termination on remand. That is the absurdity we are facing,” Percival posted on X.
Percival’s exasperation is entirely understandable, especially considering his earlier, pointed assessment following Judge Murphy’s initial stay: “These district judges are engaged in mutiny against the Supreme Court. It must stop!” And there it is. When common sense and the highest court’s rulings are met with such open disregard, one must question the motivations.
The Trump administration's initial move to terminate Ethiopia’s TPS was rooted in a principled stance: TPS designations are, by definition, temporary. They were never intended to be a backdoor path to permanent residency or a means to bypass proper immigration channels. Then-DHS Secretary Kristi Noem terminated the status after a thorough review confirmed that conditions in Ethiopia no longer met the strict requirements for continued protected status.
As a U.S. Citizenship and Immigration Services spokesperson rightly stated in December, “Conditions in Ethiopia no longer pose a serious threat to the personal safety of returning Ethiopian nationals. … Secretary Noem is terminating this designation to restore integrity in our immigration system.” This is precisely the kind of decisive action Americans expect from their leaders: upholding the rule of law and safeguarding national sovereignty.
This appellate court's decision is a vital step toward restoring integrity to our nation’s immigration framework, affirming the executive branch’s role in setting immigration policy, and pushing back against judicial overreach. It’s a testament to the Trump administration’s unwavering commitment to an America First approach that prioritizes national security, legal immigration, and the common sense principle that temporary means temporary.
