Mullin v. Doe · ¶123

Start with how the TPS program works—or, at least, is supposed to. The governing statute authorizes the Secretary to “designate” a country for the program if it is suffering from specified dangerous or harmful conditions, such as may arise from armed conflicts or natural disasters. 8 U. S. C. §1254a(b)(1). When the Secretary makes a designation, she also announces how long it will last—anywhere from six to eighteen months. At the end of that period, the designation does not just go away; nor is its fate left to the Secretary’s unfettered discretion. Rather, the statute mandates a “[p]eriodic review” process: “At least 60 days before [the] end” of the chosen period, the Secretary, “after consultation with appropriate agencies of the Government, shall review the conditions in the foreign state” and “shall determine whether the conditions for such designation under this subsection continue…

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