Mullin v. Doe · ¶124

The first question in these cases is whether a federal court can review a claim that the Secretary failed to take one of the four mandated steps—here, that before terminating TPS for Haiti and Syria, she failed to consult with appropriate agencies about country conditions. The plaintiffs’ failure-to-consult claims are brought under the Administrative Procedure Act, which means judicial review is available unless “a relevant statute precludes it” or the challenged “action is committed to agency discretion by law.” Department of Commerce v. New York, 588 U. S. 752, 771 (2019); see 5 U. S. C. §701(a). Neither the Government nor the majority contends that the actions in dispute are committed to the agency’s discretion, so the issue here is whether the TPS statute prevents courts from reviewing the Secretary’s compliance with its mandatory procedures.

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