Episode
Opinion Summary: Mullin v. Doe | No Judge. No TPS. No Way Back.
- Podcast
- The High Court Report
- Published
- Jul 1, 2026
- Duration seconds
- 1013
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Summary
Mullin, Secretary, Department of Homeland Security, et al. v. Doe, et al. | No. 25-1083 (consolidated with Trump, President of the United States, et al. v. Miot, et al., No. 25-1084) | Docket: Here | Argued: April 29, 2026 | Decided: June 25, 2026 Overview: The TPS statute strips federal courts of all power to review the Secretary of Homeland Security's mandatory procedures when terminating Temporary Protected Status, cutting off legal relief for hundreds of thousands of immigrants from thirteen countries. Question Presented: Whether the TPS statute's judicial review bar blocks all court challenges — including claims the Secretary violated mandatory statutory procedures — when terminating TPS designations for Syria and Haiti. Posture: District courts granted emergency relief; appellate courts declined stays; Supreme Court granted certiorari before judgment. Main Arguments: • Government (Petitioner): (1) "Determination" in § 1254a(b)(5)(A) covers every step in the TPS termination process — both the final decision and all procedures leading to it — barring all non-constitutional challenges; (2) the Secretary satisfied the consultation requirement by seeking State Department input before each termination; (3) terminating all thirteen TPS countries across racially diverse nations defeats any inference of racial animus against Haiti. • TPS Holders (Respondent): (1) "Determination" covers only the Secretary's factual conclusion about country conditions, not the mandatory procedural steps Congress wrote specifically to constrain executive discretion; (2) the Secretary never consulted agencies about country conditions — the State Department email addressed "foreign policy concerns," not safety; (3) presidential statements about Haitians combined with the across-the-board termi…