Biden judge blocking Ethiopian deportations despite SCOTUS ruling clashed with ICE before
DHS General Counsel accused Judge Brian Murphy of 'mutiny' against the Supreme Court's recent ruling
U.S. District Judge Brian Murphy of the District of Massachusetts issued an administrative stay in African Communities Together v. Mullin, temporarily preserving TPS protections for Ethiopian nationals while the court considers whether plaintiffs may pursue constitutional claims in light of the Supreme Court's June ruling. In a 6-3 decision in Mullin v. Doe, the Supreme Court significantly narrowed lower courts' authority to block DHS decisions designating or terminating TPS.
Murphy's ruling drew a swift response from DHS General Counsel James Percival, who accused him of "mutiny" against the Supreme Court and revived criticism of the judge's May 2025 order halting a deportation flight to South Sudan. DHS blamed Murphy for leaving ICE officers stranded at a U.S. military base in Djibouti, where officials said they faced malaria exposure and the threat of rocket attacks from terrorist groups in neighboring Yemen.
"Remember when that district judge rerouted a plane with child rapists headed for South Sudan? The judge made ICE land in Djibouti to face Malaria and terrorist rocket attacks from Yemen," Percival wrote on X. "Fun fact: it was the very same Judge Brian Murphy who entered a lawless TPS order today!"
Murphy's Friday order comes amid a months-long legal fight over the Trump administration's effort to end Ethiopia's TPS designation.
The litigation began after then-Department of Homeland Security Secretary Kristi Noem determined in December 2025 that conditions in Ethiopia no longer justified Temporary Protected Status and announced the designation would terminate. Under the department's notice, Ethiopia's TPS designation was set to expire after a 60-day wind-down period, with protections ending on Feb. 13, 2026, before Judge Brian Murphy intervened.
Earlier this year, Murphy sided with the challengers, granting their motion to postpone DHS's termination of Ethiopia's TPS designation after finding they were likely to succeed on claims that the department failed to follow the procedures Congress established for ending TPS.
But litigation was upended on June 25 after the Supreme Court ruled in Mullin v. Doe that lower courts generally cannot hear Administrative Procedure Act challenges to DHS decisions designating or terminating TPS. Since the Administrative Procedure Act formed the legal backbone of the plaintiffs' challenge, the Trump administration argued Murphy's injunction had been undermined and should be lifted.
However, the Supreme Court left open whether constitutional claims could still proceed, leading the plaintiffs to revise their complaint to focus on those arguments.
Murphy's ruling comes just hours after another judge in the District of Massachusetts, Senior U.S. District Judge Patti Saris, temporarily halted the Trump administration's effort to terminate TPS for South Sudan. Saris issued an administrative stay preserving protections while she considers whether plaintiffs may amend their lawsuit following the Supreme Court's ruling. Like the Ethiopia case, the South Sudan challenge was brought by African Communities Together along with individual TPS holders.
Saris said her order was simply meant to temporarily maintain the status quo while the court considers the case and was "not a ruling on the merits."
The tandem rulings have led to calls for the Trump administration to ignore the lower courts' ruling.
"These Democrat operatives in robes do not have the power to do this," Mike Davis, a conservative legal activist and founder of the Article III Project, wrote on X. "The Supreme Court just made that crystal clear. So it's time to ignore these clearly lawless orders."
"These puny little district court judges have been overruled so many times by the supreme court, especially on immigration, I think it's time for the president to take his constitutional oath seriously, and ignore them," Ann Coulter, a conservative political commentator wrote on X.
Murphy has repeatedly clashed with the Supreme Court over the Trump administration's immigration policies, with the justices twice siding with the administration in its challenge to his orders restricting deportations of illegal aliens to countries that are not their homelands.
The Biden administration first granted Ethiopians Temporary Protected Status in 2022, declaring that war and a worsening humanitarian crisis had made it unsafe to return them to their home country. Then-DHS Secretary Alejandro Mayorkas pointed to ongoing armed conflict, widespread violence, human rights abuses, food insecurity, among the many reason as the basis for the designation. The protections took effect on Dec. 12, 2022, and were later extended through Dec. 12, 2025. DHS estimated approximately 26,700 Ethiopian nationals living in the United States could qualify for TPS.
The people who want TPS to be PPS will just keep ‘revising‘ their arguments and find lib judges to issue stays. Its time to ignore these district judges. SCOTUS has already ruled on this.
https://www.foxnews.com/politics/biden- ... lashed-ice
YUGE!!
