Doe v.Noem
Case Overview
The government appealed Judge Faila's order granting a preliminary injunction which postponed the termination of TPS for Syria.
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The Application
The district court found plaintiffs (TPS beneficiaries for Syria) likely to succeed on their APA challenge, determining the termination decision was arbitrary and capricious, and that the equities and public interest favored halting termination pending resolution. The government now appeals, contesting the preliminary injunction grant.
The Conclusion
The Second Circuit is reviewing the preliminary injunction with TPS for Syria remaining in effect during litigation. The appeal outcome will determine whether the termination may proceed or TPS status continues.
Case Analysis
Overview
The government appealed Judge Faila's order granting a preliminary injunction which postponed the termination of TPS for Syria.
Issue
Whether the government's termination of Temporary Protected Status (TPS) for Syria is lawful, and whether the preliminary injunction preventing termination should be upheld on appeal.
Rule
Under the Immigration and Nationality Act, the President may terminate TPS designations, but agency action is subject to judicial review under the Administrative Procedure Act's arbitrary-and-capricious standard. A preliminary injunction requires showing: (1) likelihood of success on the merits, (2) irreparable harm, (3) favorable balance of equities, and (4) public interest served.
Analysis
The district court found plaintiffs (TPS beneficiaries for Syria) likely to succeed on their APA challenge, determining the termination decision was arbitrary and capricious, and that the equities and public interest favored halting termination pending resolution. The government now appeals, contesting the preliminary injunction grant.
Conclusion
The Second Circuit is reviewing the preliminary injunction with TPS for Syria remaining in effect during litigation. The appeal outcome will determine whether the termination may proceed or TPS status continues.
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