Supreme Court Bars Judicial Review of Non‑Constitutional TPS Termination Claims in Mullin v. Doe
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Plain-English Summary
Seven Syrian nationals and five Haitian nationals sued to stop the termination of TPS for their countries. The District Courts granted interim relief, but the Second Circuit and D.C. Circuit denied stays. The Supreme Court reversed, holding that the TPS statute precludes judicial review of non‑constitutional claims and that the plaintiffs’ equal‑protection claim is unlikely to succeed.
Legal Question
Whether the statutory provision 8 U.S.C. §1254a(b)(5)(A) — which says there is "no judicial review of any determination ... with respect to the termination ... of a TPS designation" — bars courts from considering the plaintiffs’ non‑constitutional claims, and whether the plaintiffs can obtain interim relief based on an alleged equal‑protection violation of the termination of Haiti’s TPS designation.
Holding
The Court held, in a 6‑3 decision, that the TPS statute bars any judicial review of non‑constitutional claims, including procedural and substantive challenges, and that the equal‑protection claim is unlikely to succeed. Justice Alito authored the majority opinion, joined in full by Chief Justice Roberts, Justices Thomas and Kavanaugh, and Justices Gorsuch and Barrett (who excused themselves from Part III‑A). Justice Thomas filed a separate concurring opinion. Justice Kagan dissented, joined by Justices Sotomayor and Jackson.
Reasoning
The majority read the phrase "determination" in §1254a(b)(5)(A) to cover both the final decision and the process leading to it, relying on Patel v. Garland’s broad reading of "with respect to." It rejected the respondents’ argument that the bar applies only to substantive claims, noting that the statutory text does not distinguish procedural from substantive issues. The Court also rejected the narrow reading that "determination" refers solely to country‑condition assessments, invoking the ordinary meaning principle cited in Yellen v. Confederated Tribes. It further held that subsidiary agency actions merge into the final determination, citing Army Corps v. Hawkes Co. For the equal‑protection claim, the Court applied the Arlington Heights standard, examining whether race was a motivating factor. It found no overtly racial statements from the President or Secretary and noted the government’s race‑neutral rationale that the administration opposes the TPS program, leading it to conclude the claim is unlikely to prevail.
Broader Impact
The decision forecloses future lawsuits seeking interim relief from TPS terminations on non‑constitutional grounds, compelling lower courts to dismiss such claims outright. It limits the scope of judicial review under the TPS statute, potentially insulating the executive’s TPS termination decisions from most judicial scrutiny. Equal‑protection challenges to TPS terminations will now face a higher hurdle, as courts must find clear evidence of racial motivation despite the Court’s skepticism. The ruling resolves a split among circuits that had varied on whether procedural TPS challenges were reviewable, and it signals that only constitutional claims—such as due‑process or equal‑protection—remain viable, albeit difficult, avenues.
Sections beyond the plain-English summary are AI-synthesized analysis based on the available opinion excerpt from CourtListener, read, edited where needed, and approved by a human editor before publication. Full methodology: Editorial & Methodology.
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