Overview

• Solicitor General D. John Sauer filed an emergency application asking the Supreme Court to stay Judge Edward Chen’s Sept. 5 order and allow DHS to terminate Temporary Protected Status for roughly 300,000 Venezuelans while appeals proceed.
• The filing contends lower courts ignored the justices’ May emergency order in the same dispute, arguing that the prior stay should guide this stage despite the absence of a detailed opinion.
• Judge Chen’s final ruling found Secretary Kristi Noem’s termination unlawful under the Administrative Procedure Act, criticizing a rushed process and concluding she lacked authority to vacate a predecessor’s TPS extensions; the Ninth Circuit declined to freeze that decision.
• The administration’s request targets the Venezuelan portion of Chen’s ruling, even though the decision also addressed Haiti, and asserts that allowing protections to continue is contrary to the national interest.
• In a separate action, DHS ended TPS for more than 6,000 Syrians and gave recipients 60 days to depart, after which those without another lawful status could face arrest and deportation.