H.R. 9944 — TPS Review Act

This section subjects terminations of temporary protected status designations to judicial review under the Administrative Procedure Act. It requires the Secretary of Homeland Security to compile a certified administrative record, issue written findings addressing all statutory bases and relevant country conditions from specified sources, publish the determination in the Federal Register, and make terminations effective no earlier than 60 days after publication; the Secretary must prove by clear and convincing evidence that termination meets all requirements, and courts may vacate terminations, order reinstatement, and grant injunctive or other relief to affected individuals, classes, organizations, or state and local governments.

This section classifies any determination by the Secretary of Homeland Security to terminate, partially terminate, or materially reduce a temporary protected status designation as a major rule under the Congressional Review Act. It subjects such determinations to the Act’s submission and review requirements and delays their effect until those requirements and the major-rule effective date are met, while allowing judicial review of compliance.

This section applies the amendments made by this Act to any designation, redesignation, extension, or termination of Temporary Protected Status under section 244 of the Immigration and Nationality Act made on or after the date of enactment, and to any civil actions challenging such determinations that are pending on or filed after that date.

This section provides that if any provision of the Act or its application to any person or circumstance is held unconstitutional or invalid, the remainder of the Act and its application to other persons or circumstances remain in effect.