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Trump Administration Seeks Supreme Court Stay to End TPS for Over 300,000 Venezuelans

The Justice Department says lower courts defied a prior high‑court order by blocking Secretary Kristi Noem’s move as a dispute over DHS authority heads back to the justices.

Overview

  • Solicitor General D. John Sauer filed an emergency application on Sept. 19 asking the Supreme Court to pause a Sept. 5 ruling by U.S. District Judge Edward Chen that found the TPS termination unlawful.
  • The Ninth Circuit declined to stay Chen’s order, leaving protections in place for more than 300,000 Venezuelans while the government appeals.
  • In May, the Supreme Court previously stayed an earlier, preliminary order in the same dispute, over a public dissent by Justice Ketanji Brown Jackson.
  • The core legal question is whether a DHS secretary may vacate a predecessor’s TPS extension; Judge Chen and a Ninth Circuit panel said the statute does not permit that and faulted DHS’s rushed process and evidentiary support.
  • The administration is pursuing broader rollbacks of humanitarian protections, but its current high‑court request targets Venezuelans only, even as DHS has moved to end protections for some Syrians.