Overview
- The Justice Department filed an emergency application asking the justices to put on hold U.S. District Judge Edward Chen’s Sept. 5 order and allow DHS to terminate Temporary Protected Status for Venezuelans during the appeal.
- A Ninth Circuit panel declined to stay Chen’s ruling, and Solicitor General D. John Sauer argued lower courts are defying the Supreme Court’s prior emergency order in the related dispute.
- In May, the Supreme Court temporarily cleared the administration to proceed with a separate TPS termination affecting roughly 350,000 Venezuelans at an earlier stage of the litigation.
- Chen concluded DHS acted unlawfully by moving with unprecedented haste and for a preordained purpose, finding the agency failed to follow required procedures in reversing prior protections.
- Homeland Security Secretary Kristi Noem rescinded a Biden-era extension as contrary to the national interest, and the new high court request targets Venezuelan TPS only, not the judge’s concurrent ruling on Haitians.