Questions presented
SCOTUS records, cert granted 16 Mar 2026
If the Court grants certiorari before judgment, the Court should review the following questions: (1) whether the judicial-review bar in the TPS statute, 8 U.S.C. 1254a(b)(5)(A), precludes respondents' APA claims; and (2) if reviewable, whether respondents' APA claims nonetheless fail on the merits.
Opinion summary
Etalia.ai summary of the majority opinion
The dispute was over whether people challenging the termination of Temporary Protected Status for nationals of Syria and Haiti could get court orders postponing those terminations while litigation continued. The Court held that the TPS statute bars review of all nonconstitutional claims, because the statute says there is no judicial review of any determination with respect to the designation or termination of TPS and that language covers both the decision and the process leading to it. The Court also held that the Haiti equal protection claim was unlikely to succeed. It said the cited statements were not overtly racial, could be understood on race-neutral grounds, and the broader record made it unlikely that race was a motivating factor. The Court therefore reversed the interim relief orders and remanded. Justice Alito announced the judgment and wrote the opinion except for Part III-A.
Dissent summary
Etalia.ai summary of the dissenting opinions
Justice Kagan, joined by Justices Sotomayor and Jackson, dissented. She argued that the majority wrongly treated the TPS statute as barring review of the procedures the Secretary was required to follow, when the plaintiffs were challenging whether those procedures were followed. She also said the majority ignored evidence that race played a role in the Haiti termination. In her view, because the plaintiffs would face irreparable harm without relief, they were entitled to stay in the United States while the cases proceeded.
Opinion written by Justice Alito
Decided 25 Jun 2026 · Official report
Oral argument transcript
Argued 29 Apr 2026