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“Because TPS beneficiaries will receive future benefits if — but only if — the Secretary decides to extend the designation of their country of origin… they have nothing ‘more than a unilateral expectation’ in their future TPS eligibility,” Burroughs wrote.
The race-discrimination claim died alongside the stay. “After Mullin, which included a constitutional race-discrimination claim, the Court cannot discern a path to concluding that Plaintiffs will succeed on the merits of this claim,” Burroughs wrote.
This matters enormously — and not just for the Somali TPS case. The left’s strategy for blocking immigration enforcement has been to slap race-discrimination labels on every policy it dislikes, knowing that accusation alone can slow down enforcement for months or years in sympathetic courts. The Supreme Court’s Mullin decision closed that particular door, and Burroughs finally acknowledged it.
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