TPS Review Act

The Temporary Protected Status Review Act establishes robust judicial and congressional oversight for decisions to terminate Temporary Protected Status (TPS) designations. It amends the Immigration and Nationality Act to impose stringent requirements on the Secretary of Homeland Security when considering such terminations. These include basing decisions solely on a certified administrative record, providing written findings, and considering all relevant country conditions and evidence, while certifying the decision is free from impermissible biases.

The bill authorizes broad judicial review of TPS termination decisions, allowing individuals, organizations, and state or local governments to challenge them in federal court. The burden of proof is placed on the Secretary to demonstrate by clear and convincing evidence that a termination is justified and meets all statutory and procedural requirements. Courts can vacate terminations, issue injunctions, and order the reinstatement or continuation of TPS, with relief potentially extending beyond named plaintiffs.

A critical provision ensures that filing a civil action challenging a TPS termination automatically stays the termination pending final judgment. This preserves the status, work authorization, and protection from removal for all affected beneficiaries during the legal process. Additionally, the bill classifies any TPS termination as a "major rule" under the Congressional Review Act, subjecting it to congressional review before it can take effect. These provisions apply to both new and pending TPS determinations and related legal challenges, aiming to ensure objective, evidence-based decisions and strong protections for beneficiaries.