Day 522

Supreme Court Guts Judicial Review of TPS, Revives Asylum 'Metering' in Same-Day Rulings

In two companion 6-3 rulings issued the same day, June 25, 2026, the Supreme Court held in Mullin v. Doe that the TPS statute bars courts from hearing non-constitutional challenges to TPS terminations, allowing DHS to end TPS for roughly 350,000 Haitians and 6,100 Syrians and throwing other TPS lawsuits into limbo. In Mullin v. Al Otro Lado, Justice Alito wrote for the majority that asylum seekers turned away before they cross the border have not 'arrived in' the US, so DHS's now-rescinded 'metering' policy did not violate federal law, reversing lower courts that had held it unlawful. Justice Sotomayor dissented from the bench: 'The consequences of today's decision are predictable. More people will die. … More people will turn back and be subjected to violence.' The rights-relevant conduct documented here is the executive's TPS terminations and metering policy; the rulings are lawful adjudication that removed judicial checks on them.

Judge Talwani blocks mail-ballot provisions

U.S. District Judge Indira Talwani (D. Mass.) blocks key mail-voting provisions of the March 2026 executive order; Al Jazeera reports she found the measure 'likely violated the US Constitution' and would be impractical to implement before the midterms.

From: Executive Order on Elections: Voter Suppression and Presidential Seizure of Election Administration

Supreme Court allows Haiti TPS termination to proceed

In Mullin v. Doe (6-3, Alito, J.), the Supreme Court held that the TPS statute bars judicial review of non-constitutional challenges to a termination and reversed the lower-court orders that had postponed the Haiti and Syria terminations. It also rejected the equal-protection claim at this stage. Justice Kagan dissented, joined by Justices Sotomayor and Jackson.

From: Deportations to Haiti Despite Gang Control and Humanitarian Collapse

Supreme Court decides Mullin v. Al Otro Lado

In the related metering case, the Supreme Court holds 6-3 that a non-citizen 'arrives in the United States' under the INA only on crossing the border, so the INA does not entitle a person standing in Mexico to apply for asylum or require officers to inspect them.

From: Suspension of Asylum at the Southern Border

Supreme Court decides Mullin v. Al Otro Lado

In a challenge to the earlier metering policy, the Supreme Court holds 6-3 that a non-citizen arrives in the United States under the INA only on crossing the border, so the INA does not entitle a person standing in Mexico to apply for asylum.

From: CBP One App Shutdown: 30,000 Asylum Appointments Cancelled, 270,000 Stranded

Supreme Court: TPS terminations largely unreviewable

In Mullin v. Doe, a case on the 2025 Haiti and Syria terminations, the Court holds that the statutory bar covers all non-constitutional claims (CRS).

From: First-Term TPS Terminations for Six Countries Under White House Pressure (2017–2018)