TPS Review Act

Increased Transparency in Decision Making: Under Section 2, the Secretary must provide written findings of fact, conclusions of law, and an explanation of any evidence inconsistent with the determination. This ensures that the reasoning behind ending a status is documented and clear.

Expanded Legal Recourse: Section 2(b)(5)(A) establishes that termination of status is a final agency action subject to judicial review. This allows individuals, classes of people, organizations, and even state or local governments to challenge these decisions in court.

Status Protection During Litigation: Section 2(b)(5)(H) ensures that while a legal challenge is pending, the challenged termination is stayed. This means beneficiaries can remain in the United States, and their employment authorizations are automatically extended.

Court Authority to Provide Relief: Section 2(b)(5)(G) allows courts to issue various forms of relief, such as injunctions, stays, or orders to reinstate a designation, ensuring that if a termination is found unlawful, the status can be restored.

Heightened Burden of Proof for the Government: Section 2(b)(5)(F) requires the Secretary of Homeland Security to prove through "clear and convincing evidence" that the termination was lawful and supported by the administrative record.

Legal Uncertainty for the Government: Because the bill mandates that termination actions are considered "major rules" under Section 3, the government must follow more rigorous submission and review requirements before a determination can have force or effect.

Potential for Prolonged Legal Challenges: Since the bill allows for various types of judicial review and provides that status remains in effect during the pendency of a case, it may result in extended periods of legal dispute regarding the status of various groups.