Mullin v. Doe · ¶42

Before the termination took effect, a group of five Haitian nationals with TPS sued in the District Court for the District of Columbia to stop the termination of Haiti’s designation. They asserted claims under the APA and charged that the termination of Haiti’s designation violated the constitutional right to equal protection because it was motivated by race. The District Court granted interim relief. See Miot, 818 F. Supp. 3d, at 186. It found that the TPS judicial-review bar did not apply because plaintiffs challenged “how the Secretary went about making her determination,” not the ultimate TPS termination decision itself. Id., at 148 (emphasis in original). On the merits, the court ruled that several of the challengers’ APA claims were likely to succeed, including the claim that the Secretary had not properly consulted other Government agencies and the claim that she had acted…

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