Mullin v. Doe (consol. w/ Trump v. Miot) — TPS
Legal Issues
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Overview
A case in which the Court will decide whether the Trump administration lawfully ended the Temporary Protected Status program for Syrian nationals.
The Facts
Facts
The Trump administration terminated Temporary Protected Status (TPS) designations for Syrians (September 2025) and Haitians (November 2025), citing alleged improvements in country conditions and national interest. A federal district court blocked both terminations, finding the Secretary of Homeland Security lacked statutory authority and the decisions may have been racially motivated. The Supreme Court accepted the cases on certiorari before judgment to resolve the administration's authority.
The Issue
Issue
Whether the Secretary of Homeland Security has statutory authority to terminate Temporary Protected Status designations for entire countries based on improvements in country conditions, and whether courts may review such terminations under the Administrative Procedure Act.
The Rules
Rule
Under 8 U.S.C. § 1254a, the Secretary of Homeland Security designates countries for TPS when ongoing armed conflict, environmental disasters, or extraordinary conditions make it unsafe to return nationals. The Secretary may terminate a designation after notice and opportunity for comment. DHS v. Regents of the University of California, 591 U.S. 1 (2020), held that APA arbitrary-and-capricious review applies to TPS terminations; Ramos v. Wolf (9th Cir.) previously held some terminations inadequately reasoned.
The Application
Analysis
DHS argues it has authority to terminate immigration protections and enforce removal against individuals or classes protected by lower courts. The government's position is that executive enforcement discretion includes the power to rescind previously granted parole or protection, and that lower courts exceeded their authority in blocking these enforcement actions.
The Conclusion
Conclusion
Federal law bars judicial review of non-constitutional claims regarding Temporary Protected Status (TPS).
"You have a really large --you have a really broad definition of who's white and who's not white. As I said, I don't like dividing the people of the world into these groups."
Justice Alito, questioning counsel on whether Southern Italians are White
On June 28, republican Ohio Governor Mike Dewine asked the trump administration to reconsider. “It’s Haitians who, many times, are taking care of your mom or your dad who has Alzheimer’s, taking care of family members who might be in a nursing home,” the governor said. “And to say we’re going to pull all those [people] out, it’s just not in our own self-interest.”
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