I think this is probably a Susie Wiles move, terminations coming after the midterms

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“Courts could do nothing” meaning courts would be UNABLE to do anything? Or meaning courts MIGHT do nothing?

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Anyway, both Ukraine and Sudan were granted TPS for an “ongoing armed conflict.” By law, such TPS MUST be extended if the conflict is still ongoing. It’s not a discretionary decision. So if they DO terminate TPS post-midterms, it’s clearly illegal, but courts could do nothing.

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When Congress wrote the TPS statute in 1990, they anticipated that some decisions might not be made 60 days in advance, and provided for automatic extension. But they failed to anticipate this situation; DHS internally making the decision, then refusing to formalize it before the expiration date.

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The standard process for TPS, which was used for the program’s first 35 years, is that 60 days before TPS is set to expire, a decision is announced to either extend or terminate. Starting last year, DHS began blowing past 60 days. And with El Salvador, for the first time, they just… did neither.

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