Overview

• An emergency order issued Friday stays U.S. District Judge Edward Chen’s September decision that found the TPS termination unlawful, allowing the policy to proceed while litigation continues.
• The court said the circumstances mirror a May request it previously granted, stating that the same result was warranted at this stage of the case.
• Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson dissented, with Jackson calling the move a grave misuse of the emergency docket.
• Solicitor General D. John Sauer argued lower courts defied the high court’s earlier order, urging deference to Homeland Security Secretary Kristi Noem’s determinations.
• Chen had faulted DHS for acting with unprecedented haste and criticized discriminatory statements, while advocates warned that ending TPS has already cost migrants jobs, housing and, in some cases, led to detention or deportation.