Plain-English summary
Court reverses appeals court, limits review of TPS decisions and finds race-based challenge unlikely to succeed
The Court held that a statute generally bars judicial review of non-constitutional claims about Temporary Protected Status (TPS) decisions, and concluded respondents’ race-based equal protection claim challenging the termination of Haiti’s TPS is unlikely to succeed. The case was reversed and remanded to lower courts.
Why this matters
The decision limits federal court review of many challenges to DHS decisions about TPS, narrowing the legal routes that immigrants and interest groups can use to contest agency choices. It also sets a higher bar for proving that a TPS decision was motivated by racial discrimination.
Who may feel it
- Noncitizens protected by or seeking Temporary Protected Status (TPS)
- Immigration advocates and legal service providers
- Department of Homeland Security and its subagency, U.S. Citizenship and Immigration Services
- Courts handling challenges to immigration agency decisions
Key questions
- Does 8 U.S.C. §1254a(b)(5)(A) bar judicial review of non-constitutional claims challenging TPS designations or terminations?