TPS in limbo as courts mull new constitutional challenges after Supreme Court ruling
After the Supreme Court narrowed judicial review of terminating TPS designations, advocates are retooling to press constitutional and ultra vires claims to block removals for Syrians and thousands more. Several federal courts have kept TPS in place for South Sudan, Burma, and Ethiopia while new arguments unfold; the DOJ contends the authority rests with the Homeland Security secretary, but challengers argue due process safeguards and authority over termination must be scrutinized, including efforts to probe possible discriminatory motives in Haiti’s designation as discovery continues.