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HR 9944

TPS Review Act

119th Congress Introduced by Gabe Amo and 65 co-sponsors

The act restores and strengthens judicial review of TPS terminations with detailed written findings, full administrative records, and court oversight to ensure compliance and trans

Introduced in House
1
WeVote Research Nonpartisan
Bill Summary · HR 9944

Summary of HR 9944 — Temporary Protected Status Review Act (TPS Review Act)

Purpose and Intent

  • The bill seeks to restore and expand the ability to judicially review decisions to terminate, redesignate, partially terminate, or otherwise modify Temporary Protected Status (TPS) designations under the Immigration and Nationality Act (INA).
  • It aims to enhance transparency in TPS terminations by mandating detailed written determinations and allowing affected individuals and entities to challenge those decisions in court.

Key Provisions and Changes

  • Restoration of Judicial Review for Terminations (Section 2)

    • Amends INA section 244(b)(3)(B) to govern TPS termination decisions with explicit requirements:
    • Termination determinations must be based solely on the administrative record compiled and certified under a new paragraph (5)(D).
    • Written findings of fact and law must be provided identifying the evidence supporting the termination.
    • The termination decision must address each statutory basis for designation and consider all relevant country-condition information from State Department, other federal agencies, international organizations, and credible NGOs.
    • The Secretary must certify that the decision was made without impermissible considerations (e.g., race, religion, ethnicity, national origin, political viewpoint).
    • The written determination must be published in the Federal Register concurrently with any notice of termination.
    • The termination must be effective no earlier than 60 days after publication or after the most recent extension, whichever is later.

  • Judicial Review Procedures (Section 2)

    • Adds a robust framework for judicial review of TPS terminations:
    • Any termination under this subsection is a final agency action subject to judicial review under Chapter 7 of Title 5 (Administrative Procedure Act).
    • Eligible parties for civil action include:
      • Individuals eligible for, applying for, or granted TPS;
      • Any class of such individuals;
      • Organizations representing beneficiaries or applicants;
      • States or units of local government alleging injury from the termination.
    • Venue can be in the U.S. District Court for the District of Columbia or any appropriate district court.
    • Administrative Record requirements require the Secretary to preserve an administrative record, include any dissenting or contrary analyses, and ordinarily limit review to the administrative record unless exceptional circumstances exist (bad faith, material omission, etc.).
    • Courts must consider country conditions (e.g., armed conflict, environmental disasters, public health emergencies) and consult with federal agencies.
    • Burden of proof on the Secretary: clear and convincing evidence that termination satisfies the statutory criteria, is supported by substantial evidence, considered all relevant information, is not arbitrary or unlawful, and followed all procedural requirements.
    • Remedies: Courts may void the termination, grant injunctive relief, stay or postpone implementation, reinstate or continue designation, require reconsideration, and/or provide other appropriate relief. Relief can extend beyond named plaintiffs to ensure uniform application or complete relief.
    • Status preservation pending review: Termination is stayed upon filing; TPS beneficiaries remain in the U.S. with valid employment authorization, and cannot be removed or denied benefits solely because of the challenged termination during pending review.
    • Administrative procedure for denial of benefits under TPS is to be established by the Secretary; review in removal proceedings remains available if the person is a national of a foreign state designated under TPS.

  • Conforming Amendment Related to Judicial Review (Section 2)

    • Adds a provision to Section 242 of the INA to permit actions under the TPS review framework to be brought and adjudicated as described.

  • Congressional Review Act (Section 3)

    • Designates TPS termination or material reduction actions as “major rules” for purposes of the CRA.
    • Requires compliance with CRA procedures for major rules and makes those determinations subject to judicial review under TPS termination provisions.

  • Effective Date (Section 4)

    • Applies to TPS designations, redesignations, extensions, or terminations made on or after enactment.
    • Also applies to civil actions challenging such determinations filed or pending on/after enactment.

  • Severability (Section 5)

    • If any provision is found unconstitutional or invalid, the remainder remains in effect.

Who Would Be Affected

  • TPS-eligible individuals and applicants, as well as classes or organizations representing them.
  • States and local governments that allege injury from a TPS termination.
  • The Secretary of Homeland Security (and related federal agencies) responsible for TPS designation, redesignation, and termination decisions.
  • Courts (federal district courts) handling judicial review of TPS terminations.

Procedural and Timeline Aspects

  • Terminations would become effective no sooner than 60 days after publication of the termination determination or after the last extension, ensuring a transition period.
  • Written, fact-and-law-based determinations must be published in the Federal Register alongside terminations.
  • Upon filing a lawsuit, the termination is stayed, and existing TPS protections (status, employment authorization) continue pending resolution.
  • The act codifies major-rule treatment for TPS termination actions under the CRA, triggering additional procedural requirements before such rules take effect.

Potential Impacts

  • Increased transparency and accountability in TPS termination decisions through mandatory written findings and explicit consideration of country conditions.
  • Expanded access to judicial oversight of TPS terminations, potentially slowing or halting terminations deemed inconsistent with statutory criteria or current conditions.
  • Greater procedural protections for TPS beneficiaries during challenges, including continued immigration-related benefits during litigation.
  • Potentially higher administrative and judicial workloads due to the expanded review framework and major-rule designation.

If you’d like, I can tailor this summary for a particular audience (lawmakers, advocacy groups, or the general public) or add a side-by-side comparison with current TPS review processes.

Compiled from official sources — confirm details with the bill’s official record.

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