Rogue Judges Are Helping Temporary Migrants Sidestep Key SCOTUS Ruling
By Shawn FleetwoodLeft-wing attorneys representing temporarily-present migrants are trying to sidestep a key U.S. Supreme Court decision effectively greenlighting their clients’ deportation — and a cabal of rogue judges are seemingly helping them do it.
The ploy was disclosed in a CNN report published Monday about ongoing efforts to keep foreign nationals under the Temporary Protected Status (TPS) program in the United States, well, permanently. Titled, “Inside the fights to maintain TPS status for thousands after the Supreme Court sided with Trump,” the article delves into how these left-wing attorneys are looking for ways to essentially skirt the high court’s Mullin v. Doe ruling from last month.
In its 6-3 decision, SCOTUS affirmed that the TPS statute bars federal courts from reviewing non-constitutional claims against the government’s TPS decisions. The majority further shot down the constitutional claim by one of the challengers that Trump’s termination of TPS for Haitians was racially motivated.
According to CNN, the left-wing lawyers representing various foreign national groups have since “repackaged their earlier procedural arguments into new constitutional claims or signaled plans to do so soon” in an apparent attempt to runaround Doe. This even includes some attorneys embracing “novel, non-constitutional arguments about whether the [Department of Homeland Security] has the authority in the first place to terminate the protections.”
To call such arguments “novel” is being generous. Justice Samuel Alito explicitly wrote in Doe that, “Responsibility for TPS decisions rests with the Secretary of Homeland Security.”
While such antics may seem ripe for dismissal, several rogue judges have shown a willingness to entertain such chicanery.
The latest incident came on Friday, when Massachusetts-based District Judge Brian Murphy, a Biden appointee, issued an administrative stay blocking the Trump administration’s bid to revoke TPS for Ethiopians. According to the court filing, Murphy granted the request so that challengers can amend their complaint against the government.
If Brian Murphy’s name sounds familiar, it should. He’s the same rogue judge the Supreme Court previously rebuked for telling the Trump administration to ignore the high court’s decision to pause one of his overreaching injunctions.
The clash happened last year, when Murphy issued an injunction blocking the government’s deportation of illegal aliens to “third countries” (aka countries not of their origin). After SCOTUS — in a 6-3 decision along ideological lines — granted team Trump’s request to temporarily stay his order, Murphy told the administration hours later that the stay didn’t apply to his injunction.
The government went back to the Supreme Court to clarify its order. This time, in a 7-2 ruling, the justices confirmed that its decision did, in fact, apply to Murphy’s order.
The Biden appointee’s rebellion against the high court prompted a stinging rebuke from Justice Elena Kagan. The Obama appointee said that while she didn’t agree with the majority’s decision to pause the injunction, she joined the majority in the motion to clarify because she does “not see how a district court can compel compliance with an order that this Court has stayed.”
The 1st Circuit Court of Appeals blocked Murphy’s ruling against the administration on the merits of the issue earlier this year.
Per CNN, Massachusetts-based Judge Patti Saris and Illinois-based Judge Matthew Kennelly, both Clinton appointees, have also issued orders since Doe‘s release keeping TPS designations in place (for now) for individuals from South Sudan and Burma, respectively.
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— Shawn Fleetwood (@ShawnFleetwood) July 24, 2026
This ongoing legal debacle underscores a few points.
The first is that the biggest supporters of Temporary Protected Status never intended for foreign nationals brought into the U.S. under the program to just stay here on a “temporary” basis. They always intended for these noncitizens to remain here permanently, and the continuing lawfare against the administration’s bid to end existing designations is further proof of that.
The second is that the left’s judicial coup is alive and in full force. With help from left-wing activists in black robes, Democrats’ lawfare machine will stop at nothing to kneecap the will of 2024 voters and grind the president’s agenda to a halt. And if that means they have to circumvent the Supreme Court to do it, then that’s what they’ll do.
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