Plain-English summary
Court limits judges’ review of most TPS termination claims, rejects likely-equal-protection win
The Court held that a federal statute (8 U.S.C. §1254a(b)(5)(A)) bars judicial review of nonconstitutional claims challenging the termination of Temporary Protected Status (TPS). The Court also found respondents’ equal-protection claim—that the termination of Haiti’s TPS was driven by race—was unlikely to succeed and remanded the cases to the lower court.
Why this matters
The decision sharply limits federal-court review of agency decisions about who can keep Temporary Protected Status, making it harder to challenge TPS terminations on ordinary statutory or administrative-law grounds. Only constitutional claims remain available in most circumstances. That affects immigrants with TPS and the states, advocates, and agencies who litigate TPS decisions.
Who may feel it
- Noncitizens who hold or seek Temporary Protected Status (TPS)
- Immigration advocates and lawyers
- The Department of Homeland Security and the Secretary of Homeland Security
- Federal courts that handle immigration cases
- Communities and employers in the U.S. where TPS recipients live and work