About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline



1 1 (July 2, 2026)

handle is hein.crs/goveusd0001 and id is 1 raw text is: 















Mullin v. Doe: Supreme Court Allows

Termination of Temporary Protected Status

for Haiti and Syria



July  2, 2026

On June 25, 2026, the Supreme Court in Mullin v. Doe held that Congress statutorily barred judicial
review of all non-constitutional claims related to a decision by the Secretary of the Department of
Homeland  Security (DHS) to terminate a country's Temporary Protected Status (TPS) designation. Under
federal immigration laws, certain aliens may remain and work in the United States if the Secretary of
DHS  designates their countries for TPS because of unstable or dangerous conditions in those countries. In
the short term, the Court's ruling allows DHS to proceed with the termination of TPS designations for
Haiti and Syria that had been stayed by federal district courts and, potentially, to pursue the removal of
Haitian and Syrian nationals who had been permitted to remain in the United States through TPS and
have no other legal basis to remain in this country. More broadly, the Court's interpretation of the TPS
statute's judicial review bar appears to render unreviewable most DHS decisions related to the
designation, extension, or termination of TPS. This Legal Sidebar provides a brief background on TPS
designations and terminations, discusses the litigation and the Court's ruling in Mullin v. Doe, and offers
considerations for Congress.


Statutory Background

Under 8 U.S.C. § 1254a(b)(1), the Secretary of DHS may grant TPS to aliens who are nationals of
countries that the Secretary has designated as unsafe for return because of natural disaster, armed conflict,
or other extraordinary and temporary conditions. The initial period of TPS designation may last
between 6 and 18 months and may be extended for up to 18 months, at the Secretary's discretion, with no
limit on the number of extensions. An alien from a country designated for TPS who meets specified
requirements may be permitted to remain and work in the United States for the period in which the TPS
designation is in effect.
Section 1254a(b)(3)(A) provides that, at least 60 days before the end of the initial TPS period (and any
extended period), the Secretary of DHS, after consultation with appropriate agencies of the Government,
shall review the conditions in the foreign state (or part of such foreign state) for which a designation is in

                                                                Congressional Research Service
                                                                  https://crsreports.congress.gov
                                                                                     LSB11446

CRS Legal Sidebar
Prepared for Members and
Committees of Congress