[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9944 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 9944
To authorize judicial review of temporary protected status
terminations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 23, 2026
Ms. Wasserman Schultz (for herself, Ms. Clarke of New York, Mr.
Espaillat, Ms. Meng, Ms. Norton, Ms. Simon, Ms. Wilson of Florida, Mr.
Amo, Mr. Beyer, Mr. Carson, Ms. Brown, Mr. Bell, Mr. Castro of Texas,
Ms. Chu, Ms. Castor of Florida, Ms. Craig, Mr. Davis of Illinois, Ms.
Dexter, Ms. DelBene, Mr. Frost, Ms. Lois Frankel of Florida, Mr. Gomez,
Mrs. Grijalva, Mr. Garcia of Illinois, Mr. Jackson of Illinois, Mr.
Green of Texas, Ms. Kamlager-Dove, Mr. Horsford, Mr. Larsen of
Washington, Mr. Larson of Connecticut, Mr. Latimer, Mr. Johnson of
Georgia, Ms. Lofgren, Mr. Mannion, Ms. McClellan, Mr. McGarvey, Mr.
Lynch, Mr. Meeks, Mr. McGovern, Ms. Matsui, Mr. Moulton, Mr. Moskowitz,
Mr. Peters, Ms. Plaskett, Ms. Pelosi, Ms. Pressley, Ms. Pettersen, Mr.
Pocan, Mr. Quigley, Ms. Ross, Ms. Salinas, Ms. Stansbury, Mr. Smith of
Washington, Mr. Soto, Ms. Tlaib, Mr. Tonko, Mr. Veasey, Ms. Velazquez,
and Mrs. Watson Coleman) introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the
Committee on Rules, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To authorize judicial review of temporary protected status
terminations, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Temporary Protected Status Review
Act'' or the ``TPS Review Act''.
SEC. 2. RESTORATION OF JUDICIAL REVIEW OF TEMPORARY PROTECTED STATUS
DETERMINATIONS.
(a) Termination Determinations.--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:
``(B) Termination.--
``(i) In general.--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.
``(ii) Determination.--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.
``(iii) Federal register.--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.
``(iv) Effective date.--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).''.
(b) Judicial Review.--Section 244(b)(5) of the Immigration and
Nationality Act (8 U.S.C. 1254a(b)(5)) is amended to read as follows:
``(5) Judicial review.--
``(A) Reviewability.--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.
``(B) Persons authorized to bring an action.--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.
``(C) Venue.--An action under this paragraph may be
brought in the United States District Court for the
District of Columbia or any appropriate district court.
``(D) Administrative record.--
``(i) Preservation of records.--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.
``(ii) Dissenting analysis.--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.
``(iii) Scope of review.--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.
``(E) Considerations of court.--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.
``(F) Burden of proof.--
``(i) Clear and convincing evidence.--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.
``(ii) Vacate termination.--In the case
that the Secretary of Homeland Security fails
to satisfy the burden under this subparagraph,
the challenged termination shall be vacated.
``(G) Relief available and scope of relief.--
``(i) In general.--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.
``(ii) Application of relief.--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.
``(iii) Rule of construction.--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.
``(H) Preservation of status pending judicial
review.--
``(i) Stay of termination.--Upon the filing
of an action under this paragraph, the
challenged termination shall be stayed pending
final judgment.
``(ii) Pending review.--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.
``(I) Application to individuals.--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).
``(J) Rule of construction.--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.''.
(c) Conforming Amendment Relating to Judicial Review.--Section 242
of the Immigration and Nationality Act (8 U.S.C. 1252) is amended by
adding at the end the following:
``(h) Temporary Protected Status.--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).''.
SEC. 3. CONGRESSIONAL REVIEW OF TPS DETERMINATIONS.
(a) CRA.--Section 804 of title 5, United States Code, is amended by
adding at the end the following:
``(4) Temporary protected status.--
``(A) Major rule.--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.
``(B) Judicial review available.--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.''.
(b) No Force or Effect.--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.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply to--
(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.
SEC. 5. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional or otherwise invalid, the
remainder of this Act, the amendments made by this Act, and the
application of such provisions and amendments to any other person or
circumstance shall not be affected thereby.
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