TPS Review Act

Section 244(b)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1254a(b)(3)(B)) is amended to read as follows:

If, after conducting the review required under subparagraph (A), the Secretary determines that the foreign state no longer continues to meet the conditions for designation under paragraph (1), the Secretary shall terminate the designation in accordance with this subparagraph.

A determination under clause (i) shall—

(I) be based solely upon the administrative record compiled and certified pursuant to paragraph (5)(D);

(II) include written findings of fact and conclusions of law identifying the evidence supporting the determination;

(III) address each statutory basis for designation under paragraph (1), including any basis upon which the designation or any redesignation was previously made;

(IV) consider all relevant and reasonably available information regarding current country conditions, including information provided by the Department of State, other appropriate Federal agencies, international organizations, and credible nongovernmental organizations;

(V) explain the Secretary’s evaluation of any material evidence that is inconsistent with the determination; and

(VI) certify that the determination was made without regard to race, religion, ethnicity, national origin, political viewpoint, or any other constitutionally impermissible consideration.

The written determination required under clause (ii) shall be published in the Federal Register concurrently with any notice of termination of a designation under this subsection.

A termination under this subparagraph shall be effective in accordance with subsection (d)(3), but shall not be effective earlier than 60 days after the date on which the notice required under clause (iii) is published in the Federal Register or, if later, the expiration of the most recent previous extension under subparagraph (C).

Section 244(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1254a(b)(5)) is amended to read as follows:

Notwithstanding any other provision of this Act or any other provision of law, any termination under this subsection shall constitute a final agency action subject to judicial review under chapter 7 of title 5, United States Code.

A civil action for judicial review may be brought by—

(i) any individual who is eligible for, has applied for, or has been granted temporary protected status under this section;

(ii) any class of such individuals;

(iii) any organization or consortium of organizations representing or serving beneficiaries or applicants for temporary protected status; or

(iv) any State or unit of local government alleging injury resulting from the challenged termination.

An action under this paragraph may be brought in the United States District Court for the District of Columbia or any appropriate district court.

Prior to issuing any designation, redesignation, extension, or termination under this subsection, the Secretary of Homeland Security shall compile, certify, and preserve an administrative record consisting of all materials compiled, considered, relied upon, generated, or before the Secretary of Homeland Security, directly or indirectly, in connection with the determination.

The administrative record shall include any dissenting recommendation, contrary analysis, or material evidence inconsistent with the determination that was compiled, considered, relied upon, generated, or before the decisionmaker.

Judicial review shall ordinarily be limited to the administrative record, except that the reviewing court may consider evidence outside the record upon a showing of bad faith, improper conduct, material omission, or other extraordinary circumstances.

In reviewing a final agency action, a court shall consider whether the agency failed to adequately consider relevant country conditions, including armed conflict, environmental disaster, public health emergencies, or other extraordinary and temporary conditions, including information obtained through consultation with the Department of State or any other Federal agency.

In any action challenging a termination of a designation, the Secretary of Homeland Security shall bear the burden of establishing by clear and convincing evidence, based on the administrative record, except to the extent the court considers evidence outside the record pursuant to subparagraph (D)(iii), that—

(I) the requirements of paragraph (3)(B) have been satisfied and the foreign state no longer continues to meet the conditions for designation under paragraph (1);

(II) the termination is supported by substantial evidence contained in the administrative record;

(III) all relevant and reasonably available evidence regarding current country conditions was considered;

(IV) the termination was not arbitrary, capricious, contrary to law, or motivated by unconstitutional or otherwise unlawful considerations; and

(V) all procedural requirements of this section were satisfied.

In the case that the Secretary of Homeland Security fails to satisfy the burden under this subparagraph, the challenged termination shall be vacated.

With respect to a challenged termination of a designation under this section, a reviewing court may—

(I) declare unlawful and set aside the challenged termination;

(II) issue temporary, preliminary, or permanent injunctive relief;

(III) postpone, suspend, or stay implementation of the challenged termination;

(IV) order reinstatement or continuation of a designation;

(V) require the Secretary of Homeland Security to reconsider the termination consistent with the court’s decision; and

(VI) grant any other legal or equitable relief the court determines appropriate.

Relief under this paragraph may extend beyond the named plaintiffs where necessary to provide complete relief, prevent inconsistent administration of this section, or ensure uniform application of this section.

Nothing in this paragraph shall be construed to limit the authority of a court to certify a class under the Federal Rules of Civil Procedure or to issue declaratory or injunctive relief applicable to all persons affected by the challenged termination.

Upon the filing of an action under this paragraph, the challenged termination shall be stayed pending final judgment.

During the pendency of judicial review—

(I) each grant of temporary protected status affected by the challenged termination shall remain in effect;

(II) each affected beneficiary shall remain authorized to remain in the United States;

(III) any employment authorization issued pursuant to this section shall remain valid and shall be automatically extended by the Secretary of Homeland Security as necessary; and

(IV) no beneficiary shall be removed, detained solely because of the challenged termination, or denied an immigration benefit, license, or employment authorization solely because of the challenged termination.

The Secretary of Homeland Security shall establish an administrative procedure for the review of the denial of benefits to aliens under this section. Such procedure shall not prevent an alien from asserting protection under this section in removal proceedings if the alien demonstrates that the alien is a national of a foreign state designated under paragraph (1).

Nothing in this paragraph shall be construed—

(i) to limit any constitutional cause of action;

(ii) to diminish any protection otherwise afforded under this Act or any other provision of Federal law; or

(iii) to restrict the equitable authority of a court of the United States.

Section 242 of the Immigration and Nationality Act (8 U.S.C. 1252) is amended by adding at the end the following:

Notwithstanding any other provision of this section an action authorized under section 244(b)(5) may be brought and adjudicated in accordance with section 244(b)(5).

Section 804 of title 5, United States Code, is amended by adding at the end the following:

For purposes of this chapter, any determination by the Secretary of Homeland Security to terminate, partially terminate, or materially reduce a designation of temporary protected status, or any action that has the practical effect of terminating or materially reducing such a designation under section 244(b) of the Immigration and Nationality Act, shall constitute a major rule.

Notwithstanding section 805, compliance with this chapter with respect to a determination described in this paragraph, including compliance with section 801(a)(1)(A), shall be subject to judicial review under section 244(b)(5) of the Immigration and Nationality Act.

Notwithstanding section 801(c) of title 5, United States Code, no determination described in paragraph (4) of section 804 of title 5, United States Code, shall have force or effect until—

(1) the submission requirements of section 801(a)(1)(A) of such title have been satisfied; and

(2) the latest date on which a major rule may take effect under section 801(a)(3) of such title has occurred, including any period of additional review provided under section 801(d) of such title.

(1) any determination with respect to a designation, redesignation, extension, or termination under section 244 of the Immigration and Nationality Act made on or after the date of enactment; and

(2) any civil action challenging such a determination that is pending on, or filed after, the date of enactment.