Mullin v. Doe · ¶24
After critics objected that the Extended Voluntary Departure program lacked “ `proper guidelines or standards,' ” Congress created TPS. This new regime provided standards to govern the grant and termination of TPS but maintained core features of the old EVD program. Three aspects of the new regime are noteworthy. 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: 1. “[T]here is an ongoing armed confict within the state and, due to such confict, requiring the return of aliens who are nationals of that…Read in context ›
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