Overview

• The 6-3 decision came on the court’s emergency docket, with all three liberal justices dissenting and Justice Ketanji Brown Jackson warning of a repeated misuse of emergency orders.
• This is the second time this year the justices have granted the administration’s request in the same dispute, writing that the parties’ arguments and relative harms have not changed since May.
• Judge Edward Chen’s Sept. 5 final ruling found Secretary Kristi Noem’s termination of TPS unlawful and criticized her remarks as discriminatory, and the Ninth Circuit declined to put that ruling on hold.
• More than 300,000 Venezuelan TPS holders now face loss of protection during the appeals, and lawyers say some people previously lost jobs or were detained after the court’s earlier intervention.
• The stay applies only to Venezuelans, with advocates noting an additional 250,000 could be at risk when an earlier designation expires on Nov. 7, while the broader litigation continues in lower courts.