Temporary Protected Status

Mullin v. Doe

Issues

Can the Trump administration terminate Temporary Protected Status designations for Syrian and Haitian nationals? 

This case asks the Supreme Court to consider whether the Trump administration can end the Temporary Protected Status (“TPS”) program for Syrian and Haitian nationals. Markwayne Mullin, Secretary of the Department of Homeland Security, asserts that the former Secretary of the Department of Homeland Security appropriately consulted with other agencies about the TPS decisions as required by statute, and that neither the President’s nor the Secretary’s comments about immigration support equal-protection claims. Mullin argues that Section 1254a(b)(5)(A) bars judicial review of all TPS decisions, including the process and methodology preceding those decisions. TPS Applicants counter that judicial review of compliance with required procedures is permitted even if judicial review of the ultimate decisions by the Secretary are not. TPS Applicants argue former-Secretary Noem’s consultations were insufficient and did not comply with the statute, and President Trump’s speech and actions have exhibited a pattern of impressible racial animus. The case implicates the safety of Haitian and Syrian TPS holders, national security, and the understanding of judicial-review bars.

Questions as Framed for the Court by the Parties

Whether the Trump administration can end the Temporary Protected Status program for Syrian nationals.

Congress implemented the Temporary Protected Status (“TPS”) program in 1990 to place guardrails on the executive branch’s ability to alter “pre-existing humanitarian relief programs.” See Brief for Respondents, Doe et al.

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