Mullin v. Doe · ¶120

But that is no longer so, and the suits before us challenge that change. Last year, then-Secretary Kristi Noem, at the instigation of President Trump, terminated Haiti’s and Syria’s TPS designations, declaring the countries now safe. Haitian and Syrian TPS holders brought these cases, and sought interim relief allowing them to stay here while the litigation progressed. The District Courts granted that relief, finding (among other things) that the terminations were likely unlawful. Both courts concluded that the Secretary probably violated the TPS statute by ordering the terminations without first consulting with other agencies about current country conditions. And the District Court in the Haiti litigation found as well that the plaintiffs had a likely successful equal protection claim, in part because statements made by the President showed that a racially discriminatory purpose had…

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