Doe v.Noem
The Secretary of Homeland Security gave public notice that Syria's 2012 TPS designation would terminate, effective November 21, 2025.
Seven Syrian TPS holders sued in the Southern District of New York under the Administrative Procedure Act and the Fifth Amendment, and moved to postpone the termination under 5 U.S.C. Section 705.
Two days before the termination was to take effect, the district court postponed it under Section 705, finding the plaintiffs likely to succeed on their APA claim that the Secretary terminated Syria's designation without adequately consulting other agencies.
The Second Circuit denied the government's motion to stay the postponement pending appeal, holding it likely had jurisdiction and that the government had not shown a strong likelihood of success or irreparable harm.
The Supreme Court, in Mullin v. Doe (No. 25-1083), reversed the interim relief in this case and the companion Haiti case. It held that 8 U.S.C. Section 1254a(b)(5)(A) bars judicial review of the TPS holders' non-constitutional claims and that the Haiti plaintiffs' equal-protection claim was unlikely to succeed, so neither group was entitled to postpone the terminations while litigating.
Following the Supreme Court's decision, the government moved to dismiss its Second Circuit appeal, the court granted the motion, and the mandate issued returning the case to the Southern District of New York.
Legal Issues
BrynoDC Coverage 9 videos
TikTok 
TikTok Overview
Overview
The government appealed Judge Faila's order granting a preliminary injunction which postponed the termination of TPS for Syria.
The Facts
Syria received a TPS designation in 2012 based on conditions tied to the Assad regime. On September 22, 2025, the Secretary of Homeland Security noticed that Syria's TPS designation would terminate effective November 21, 2025. Seven Syrian TPS holders sued in the Southern District of New York under the Administrative Procedure Act and the Fifth Amendment and moved to postpone the termination under 5 U.S.C. Section 705.
On November 19, 2025 the district court postponed the termination, and the Second Circuit later denied the government's motion to stay that order. The government sought review in the Supreme Court, which granted certiorari before judgment and consolidated the case with a parallel Haiti TPS challenge.
The Issue
Issue
Whether the government's termination of Temporary Protected Status (TPS) for Syria is lawful, and whether the preliminary injunction preventing termination should be upheld on appeal.
The Rules
Rule
Under the Immigration and Nationality Act, the President may terminate TPS designations, but agency action is subject to judicial review under the Administrative Procedure Act's arbitrary-and-capricious standard. A preliminary injunction requires showing: (1) likelihood of success on the merits, (2) irreparable harm, (3) favorable balance of equities, and (4) public interest served.
The Application
Analysis
The district court found plaintiffs (TPS beneficiaries for Syria) likely to succeed on their APA challenge, determining the termination decision was arbitrary and capricious, and that the equities and public interest favored halting termination pending resolution. The government now appeals, contesting the preliminary injunction grant.
The Conclusion
Conclusion
The Second Circuit is reviewing the preliminary injunction with TPS for Syria remaining in effect during litigation. The appeal outcome will determine whether the termination may proceed or TPS status continues.
Flag an issue
This tracker is maintained by BrynoDC and is free because readers fund it. Support