Mullin v. Doe · ¶21

First, as with EVD, the Executive Branch retains discretion over whether to designate a country for TPS. Responsibility for TPS decisions rests with the Secretary of Homeland Security, 6 U. S. C. §§552(d), 557, and the statute provides that the Secretary “may designate” a country for TPS “after consultation with appropriate agencies of the Government” if certain conditions are met. 8 U. S. C. §1254a(b)(1) (emphasis added). These are:

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