Overview

• Solicitor General John Sauer filed an emergency application with the Supreme Court, arguing that TPS decisions are discretionary and tied to executive foreign policy authority.
• The appeal follows a March ruling by Judge Edward Chen, who issued a nationwide injunction blocking the termination of TPS, citing likely violations of the Administrative Procedure Act and evidence of animus.
• Homeland Security Secretary Kristi Noem ended TPS for Venezuelans in February, citing improved conditions in Venezuela and national interest concerns, including gang violence.
• The Ninth Circuit Court of Appeals denied the administration’s request to stay Judge Chen’s injunction, prompting the Supreme Court filing.
• If the Supreme Court grants the stay, the administration would proceed with terminating TPS protections and initiating deportation proceedings for affected Venezuelan nationals.