No. 25A326
Kristi Noem, Secretary, Department of Homeland Security, et al. v. National TPS Alliance, et al.
Amici (4)
Experienced Counsel
Tags: administrative-discretion homeland-security judicial-review statutory-interpretation temporary-protected-status tps-termination
Key Terms:
AdministrativeLaw Securities Immigration JusticiabilityDoctri
AdministrativeLaw Securities Immigration JusticiabilityDoctri
Latest Conference:
N/A
Question Presented (AI Summary)
Whether the Temporary Protected Status (TPS) statute precludes judicial review of the Secretary of Homeland Security's discretionary decisions to terminate or vacate a foreign country's TPS designation
Question Presented (OCR Extract)
No question identified. :
Docket Entries
2025-10-03
In March of this year, the United States District Court for the Northern District of California entered a preliminary order postponing the effective date of the Secretary of Homeland Security’s decision to remove “temporary protected status” (TPS) from Venezuelan nationals living in the United States. See 8 U. S. C. §1254a; 5 U. S. C. §705. In May, this Court stayed that order while the Government appealed. The United States Court of Appeals for the Ninth Circuit ultimately affirmed the District Court’s preliminary order. Last month, the District Court entered final judgment in respondents’ favor, holding unlawful and setting aside the Secretary’s actions effectuating her decision—namely, her vacatur of a pending extension of TPS for Venezuelan nationals, and her termination of that status itself. See 5 U. S. C. §706(2). (The District Court also concluded that the Secretary unlawfully vacated a TPS extension for Haitian nationals. The Government now seeks to stay the portions of the District Court’s judgment pertaining to Venezuela, but not Haiti. See Application 7, n. 6.)
The application for stay presented to Justice Kagan and by her referred to the Court is granted. Although the posture of the case has changed, the parties’ legal arguments and relative harms generally have not. The same result that we reached in May is appropriate here.
The September 5, 2025 order entered by the United States District Court for the Northern District of California, case No. 25–cv–1766, is stayed as to the Venezuela vacatur and Venezuela termination, pending the disposition of the Government’s appeal in the United States Court of Appeals for the Ninth Circuit and disposition of a petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.
Justice Sotomayor and Justice Kagan would deny the application.
Justice Jackson dissents. (Detached <a href = 'https://www.supremecourt.gov/opinions/24pdf/25a326_3ebh.pdf'>Opinion</a>)
2025-10-03
In March of this year, the United States District Court for the Northern District of California entered a preliminary order postponing the effective date of the Secretary of Homeland Security’s decision to remove “temporary protected status” (TPS) from Venezuelan nationals living in the United States. See 8 U. S. C. §1254a; 5 U. S. C. §705. In May, this Court stayed that order while the Government appealed. The United States Court of Appeals for the Ninth Circuit ultimately affirmed the District Court’s preliminary order. Last month, the District Court entered final judgment in respondents’ favor, holding unlawful and setting aside the Secretary’s actions effectuating her decision—namely, her vacatur of a pending extension of TPS for Venezuelan nationals, and her termination of that status itself. See 5 U. S. C. §706(2). (The District Court also concluded that the Secretary unlawfully vacated a TPS extension for Haitian nationals. The Government now seeks to stay the portions of the District Court’s judgment pertaining to Venezuela, but not Haiti. See Application 7, n. 6.)
The application for stay presented to Justice Kagan and by her referred to the Court is granted. Although the posture of the case has changed, the parties’ legal arguments and relative harms generally have not. The same result that we reached in May is appropriate here.
The September 5, 2025 order entered by the United States District Court for the Northern District of California, case No. 25–cv–1766, is stayed as to the Venezuela vacatur and Venezuela termination, pending the disposition of the Government’s appeal in the United States Court of Appeals for the Ninth Circuit and disposition of a petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.
Justice Sotomayor and Justice Kagan would deny the application.
Justice Jackson dissents. (Detached Opinion)
2025-10-03
Application (25A326) referred to the Court.
2025-10-03
Supplemental brief of respondent National TPS Alliance, et al. filed.
2025-09-30
Amicus brief of Haitian TPS Holders submitted.
2025-09-30
Reply of applicant Kristi Noem, et al. filed.
2025-09-29
Amicus brief of Members of Congress submitted.
2025-09-29
Amicus brief of Economists submitted.
2025-09-29
Response to application from respondent National TPS Alliance, et al. filed.
2025-09-29
Brief amicus curiae of Members of Congress filed.
2025-09-29
Brief amicus curiae of Haitian TPS Holders filed.
2025-09-29
Brief amicus curiae of Economists filed.
2025-09-26
Brief amicus curiae of Immigration Law Scholars filed.
2025-09-26
Amicus brief of Immigration Law Scholars submitted.
2025-09-22
Response to application (25A326) requested by Justice Kagan, due by 4 p.m. (EDT), on September 29, 2025.
2025-09-19
Application (25A326) for a stay, submitted to Justice Kagan.
2025-09-19
Opposition to Request for Immediate Administrative Stay filed.
2025-09-19
Opposition to Request for Immediate Administrative Stay of National TPS Alliance et al. submitted.
Attorneys
Economists
Haitian TPS Holders
Andrew Tauber — Bryan Cave Leighton Paisner LLP, Amicus
Immigration Law Scholars
Anne Lai — UC Irvine School of Law, Amicus
Kristi Noem, et al.
D. John Sauer — Solicitor General, Petitioner
Members of Congress
National TPS Alliance et al.
Ahilan T. Arulanantham — U.C.L.A. School of Law, Respondent