Administrative adjudication of Temporary Protected Status
🔎 What is TPS?
TPS is a temporary immigration status granted to nationals of certain countries experiencing armed conflict, natural disaster, or other extraordinary conditions that make return unsafe.
TPS allows beneficiaries to live and work legally in the U.S. temporarily.
TPS is designated by the Secretary of Homeland Security, and its administration is through USCIS.
TPS decisions (approvals, denials, terminations) are administrative adjudications subject to legal review.
⚙️ How TPS Adjudications Work
Initial designation by DHS starts TPS for a country.
Eligible individuals apply to USCIS for TPS or re-registration.
USCIS reviews applications, including evidence of nationality, residence, and admissibility.
Denials or terminations may be appealed or challenged in court.
Courts review agency action for arbitrariness, abuse of discretion, or legal error under the APA.
📚 Important Case Law on TPS Adjudications
✅ 1. Ramos v. Nielsen (2018)
U.S. District Court, Northern California
Facts: Challenge to DHS decision to terminate TPS for El Salvador.
Legal issue: Whether DHS complied with statutory requirements and gave adequate notice.
Holding: Court found DHS failed to adequately justify termination and halted it temporarily.
Significance: Reinforced that agency must justify termination carefully and follow procedural rules in TPS adjudication.
✅ 2. Guerrero-Lasprilla v. Barr (2020)
U.S. Supreme Court
Facts: Whether TPS recipients can reopen removal proceedings to apply for cancellation of removal based on TPS.
Legal issue: Is TPS a "lawful status" that makes someone eligible for cancellation of removal?
Holding: Yes. TPS constitutes "lawful status" for immigration relief purposes.
Significance: Strengthened protections for TPS beneficiaries in immigration court and underscored TPS as a meaningful legal status.
✅ 3. Singh v. USCIS (2017)
U.S. District Court, Maryland
Facts: Denial of TPS re-registration for Nepal nationals due to technical filing issues.
Issue: Whether USCIS improperly denied applications without considering equitable tolling or excusable neglect.
Holding: Court ruled denial arbitrary where USCIS failed to consider all evidence and circumstances.
Significance: Highlighted that administrative TPS adjudications must be fair and consider individual circumstances.
✅ 4. D.A. v. Trump (2019)
U.S. District Court, Northern California
Facts: Legal challenge to DHS termination of TPS for Sudan, Nicaragua, and Haiti.
Issue: Whether DHS abused discretion and violated the APA in terminating TPS.
Holding: Court blocked termination, finding DHS failed to justify decision with sufficient evidence.
Significance: Courts serve as checks on agency discretion in TPS adjudication.
✅ 5. Cazun v. Attorney General (2017)
3rd Circuit Court of Appeals
Facts: Applicant sought TPS renewal but USCIS terminated status based on interpretation of continuous residence.
Issue: Whether USCIS's interpretation of eligibility criteria was arbitrary.
Holding: Court upheld USCIS discretion but required clear explanation.
Significance: Confirmed courts defer to agency interpretation if reasoned and supported by record.
✅ 6. Grace v. Whitaker (2018)
U.S. District Court, District of Columbia
Facts: TPS holders challenged DHS termination of TPS for Haiti.
Issue: Whether termination violated APA procedures and constitutional due process.
Holding: Court issued preliminary injunction halting TPS termination.
Significance: Confirmed judicial oversight of TPS administrative adjudications, especially regarding procedural fairness.
🔑 Key Themes Across Cases
| Theme | Explanation |
|---|---|
| Agency discretion is broad but not unlimited | DHS can designate/terminate TPS but must provide reasoned explanation and follow process |
| Procedural fairness is critical | TPS applicants have right to fair adjudication, including notice and opportunity to respond |
| Judicial review focuses on reasonableness | Courts defer to agency expertise unless action is arbitrary or capricious |
| TPS status is meaningful for immigration relief | TPS confers "lawful status" impacting other immigration benefits |
| Individual circumstances matter | Courts expect USCIS to consider evidence and not rigidly apply rules without flexibility |
🧠 Quick Review Questions
What standard do courts apply when reviewing TPS terminations?
How did the Supreme Court characterize TPS in Guerrero-Lasprilla?
Why is procedural fairness important in TPS administrative adjudications?
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