Ariel G Ruiz Soto

@ruizags.bsky.social

Senior Policy Analyst at Migration Policy Institute, bringing research-based solutions at the forefront of migration policy in the US and Latin America

NEW: First Circuit issues order allowing DHS to proceed with ending Ethiopia TPS protections. The First Circuit, after briefing following the SCOTUS opinion in other TPS cases, reverses the district court order that had blocked DHS's effort as to Ethiopia. The mandate was issued immediately here.

United States Court of Appeals
For the First Circuit
_____________________
No. 26-1376
AFRICAN COMMUNITIES TOGETHER; SAMUEL DOE, on behalf of themselves and all
others similarly situated; STEPHEN DOE, on behalf of themselves and all others similarly
situated; ABAL DOE, on behalf of themselves and all others similarly situated,
Plaintiffs - Appellees,
v.
MARKWAYNE MULLIN, in the official capacity as Secretary of the U.S. Department of
Homeland Security; U.S. DEPARTMENT OF HOMELAND SECURITY; U.S. CITIZENSHIP
AND IMMIGRATION SERVICES; UNITED STATES,
Defendants - Appellants.
__________________
Before
Rikelman, Aframe, and Dunlap,
Circuit Judges.
__________________
JUDGMENT
Entered: July 29, 2026
Previously, upon the government's "Motion to Lift Abeyance and for Stay Pending Appeal,
Immediate Administrative Stay, and Summary Reversal," we lifted the abeyance of this appeal and
denied an administrative stay of the district court's order postponing the termination of Temporary
Protected Status ("TPS") for Ethiopia. Upon further briefing, we now reverse the postponement
order in light of Mullin v. Doe, 609 U.S. ___, 2026 WL 1825840 (U.S. Jun. 25, 2026). Mullin held
that "the TPS statute's judicial-review bar applies to all non-constitutional claims" challenging the
Secretary of Homeland Security's determination with respect to the termination of a TPS
designation. Id. at *7, 10. Claims of that nature were the only basis for the postponement order on
appeal.
Accordingly, the government's request for summary reversal is allowed. Its additional
request for a stay pending appeal is denied as moot. The matter is remanded for further proceedings
in light of and consistent with Mullin. Mandate shall issue forthwith.

BREAKING: The Supreme Court rules 6-3 in favor of the Trump admin on Temporary Protected Status, blocking the lawsuit on jurisdictional grounds, allowing DHS to strip over 350,000 people of legal status even though they utterly failed to follow the required legal procedures.

MULLIN v. DOE
Syllabus
that the termination of Haiti’s TPS designation violated the constitutional right to equal protection because it was motivated by race. The
District Court granted interim relief, and a divided D. C. Circuit panel
declined to issue a stay. The Government sought a stay and a writ of
certiorari before judgment in both cases. This Court granted review,
consolidated the cases, and deferred ruling on the stay applications.
Held:
1. The TPS statute bars judicial review of non-constitutional claims.
Pp. 12–18.
(a) Section 1254a(b)(5)(A) provides that “[t]here is no judicial review
of any determination of the [Secretary of Homeland Security] with respect to the designation, or termination or extension of a designation,
of a foreign state.” The term “determination” may mean either an individual decision or the process leading to a decision. Under either
understanding, §1254a(b)(5)(A) bars all of respondents’ non-constitutional claims. Further, the phrase “with respect to” “generally has a
broadening effect, ensuring that the scope of a provision covers not
only its subject but also matters relating to that subject.” Patel v. Garland, 596 U. S. 328, 339 (internal quotation marks omitted). Pp. 12–
13.

Today the Court only issued a decision in case number 4: Blanche v. Lau. A 6-3 decision declares that green card holders returning from trips abroad may be deemed "applicants for admission" in some situations, despite their permanent resident status, via a rapid decision by a frontline CBP official.

Aaron Reichlin-Melnick@reichlinmelnick.bsky.social · last mo.

There are four immigration cases left to decide: two "major," two "minor." 1. Birthright citizenship 2. Temporary Protected Status 3. Whether asylum seekers can be turned away at land ports of entry 4. A complex removability question for some green card holders with convictions.

ICE’s 287(g) program has expanded dramatically since January 2025. Active agreements with local law enforcement grew from 135 to 1,870 in just 16 months, spanning 39 states and 2 U.S. territories.