WASHINGTON—Yesterday, the Immigration Reform Law Institute (IRLI) filed a brief in Maryland federal district court opposing an effort by anti-borders activists to extend Temporary Protected Status (TPS) for Venezuelans further into the future. Under a statute, the Secretary of Homeland Security may determine whether persons from a particular country, because of disastrous conditions in their homeland, may live in the United States for a set period of time, and may renew this status for further such periods if conditions warrant
Just before leaving office, Biden’s Secretary of Homeland Security, Alejandro Mayorkas, extended TPS for Venezuelans for an additional 18 months. President Trump’s Secretary of Homeland Security, Kristi Noem, reached a contrary determination, and rescinded that extension. Plaintiffs claim that Noem acted unlawfully in doing so.
In its brief, IRLI shows that the plaintiffs have no chance of success in their argument, because this case should not even be in court in the first place; Congress has barred the courts from reviewing determinations of TPS status. This means, IRLI shows, that they cannot review any claims against such determinations, including claims under the Administrative Procedure Act or the Constitution. And Congress has undisputed power to control the jurisdiction of the federal courts.
“When disastrous conditions abate, Temporary Protected Status should live up to its name, and those who have found safety here temporarily should go home,” said Dale L. Wilcox, executive director and general counsel of IRLI. “That is how the program was meant to function, and our ability to offer temporary refuge to the distressed would disappear if TPS became an immigration program, as plaintiffs seek. As for the plaintiffs’ claims here, they must fail, because Congress didn’t want courts and litigants interfering with executive determinations in this area. We hope the court recognizes its lack of jurisdiction over this matter and denies the plaintiffs relief.”
The case is CASA, Inc. v. Noem, No. 8:25-cv-00525 (D. Md.).
