Mullin v. Doe
609 U. S. ___ (2026) · 6/25/26
Section 1254a(b)(5)(A) bars judicial review of non-constitutional claims related to Temporary Protected Status (TPS); Miot respondents’ equal protection claim—that Haiti’s TPS designation was terminated because of race—is unlikely to succeed because a race-neutral explanation for the Government’s action exists: the current administration opposes the TPS program as it has been implemented in the past and has terminated every TPS designation that has come up for renewal.
Edition: slip opinion
Voices: Syllabus — prepared by the Reporter of Decisions · Justice Alito announced the judgment of the Court and delivered the opinion of the Court with respect to all but Part Iii–A, and an opinion with respect to Part Iii–A, in which The Chief Justice, Justice Thomas, and Justice Kavanaugh join. In these cases, we consider whether respondents, who challenge the termination of Temporary Protected Status (Tps) for aliens from Syria and Haiti, are entitled to orders postponing the terminations during litigation. We hold that they are not. The Tps statute plainly bars consideration of respond ents’ non-constitutional claims. It allows “no judicial re view of any determination . . . with respect to the . . . termi nation” of a Tps designation. 8 U. S. C. §1254a(b)(5)(A). The term “determination” can be used to describe either an · Justice Thomas, concurring. · Justice Kagan, with whom Justice Sotomayor and Justice Jackson join, dissenting.
The question presented is whether respondents, who challenge the termination of Temporary Protected Status (TPS) for aliens from Syria and Haiti, are entitled to orders postponing the terminations during litigation. Congress created TPS in 1990 to provide short-term humanitarian relief for aliens who cannot safely return to their home countries. Although designed to afford temporary relief, TPS designations in practice have often lasted for decades. Syria received a TPS designation in 2012 because of “extraordinary and temporary conditions” related to the repressive regime of Bashar al-Assad,…
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