Noem v. National TPS Alliance (Venezuelan TPS Termination) - Supreme Court (Summary Judgment)

Following the Ninth Circuit’s September 17 order denying the federal government’s request to stay Judge Chen’s September 5 summary judgment order, the government requested an emergency stay from the Supreme Court on September 19.

The district court decision granting summary judgment had found that the federal government’s move to cancel TPS for more than one million Venezuelans and Haitians violated the Administrative Procedure Act and restored the January 17, 2025 extension of Venezuela’s TPS designation, which extended TPS and work authorization for all Venezuelan TPS holders–whether they first registered for TPS in 2021 or 2023.

On October 3, the Supreme Court issued a short, unsigned opinion granting the federal government’s request to pause the district court’s summary judgment order, allowing the administration to terminate Venezuelan TPS. The federal government’s appeal of the case’s merits will still proceed at the Ninth Circuit and could eventually reach the Supreme Court, but unless and until that happens and the Supreme Court issues a final decision on the merits, the Court’s October 3rd stay order means that the administration’s termination of Venezuelan TPS will remain in effect.