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Justice Department Seeks Supreme Court Stay to End Venezuelan TPS

The filing asks the justices to pause a San Francisco judge’s September 5 order blocking the termination of protections for roughly 300,000 Venezuelans.

Overview

  • Solicitor General D. John Sauer filed an emergency application urging the Court to allow Homeland Security Secretary Kristi Noem to proceed with vacating Temporary Protected Status for Venezuelans.
  • The request follows the 9th Circuit’s refusal to stay U.S. District Judge Edward Chen’s final ruling that found DHS acted unlawfully and that Noem lacked authority to rescind prior TPS extensions.
  • The government argues lower courts are disregarding the Supreme Court’s May stay in a related phase of the case, saying that order should control the current dispute as well.
  • Judge Chen criticized DHS for an abbreviated process and unsupported assertions, with his orders affecting deportation protection and work authorization for more than 300,000 Venezuelan nationals.
  • In a separate action the same day, DHS ended TPS for Syrians, terminating protections for over 6,000 people and giving them 60 days to depart.