Opinion Summary: Mullin v. Doe | No Judge. No TPS. No Way Back.

Opinion Summary: Mullin v. Doe | No Judge. No TPS. No Way Back.

July 1, 2026 · 17 min · Season 2025 · Episode 108

About this episode

The episode discusses the Supreme Court case Mullin v. Doe regarding the judicial review bar in the TPS statute and its implications for immigrants.

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…

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Mentioned in this episode

Organizations: Department of Homeland Security

Places: Syria, Haiti

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