9th Circuit Again Blocks Deportation of 600,000+ Venezuelans Whose "Temporary Protected Status" Was Ended By DHS Sec. Noem
Supreme Court granted a stay of lower court injunction after 9th Circuit refused first time -- now the 9th Circuit declines to grant a stay again.
When a Court includes language at the outset of its Order like what appears in the screenshot above, it is not hard to figure out how this story ends. Last week a panel of the Ninth Circuit Court of Appeal denied the application for a stay of the lower court’s order in National TPS Alliance v. Noem.
I wrote about this case in this earlier article. I think it is helpful to recap the procedural history of this case to understand just how much the Appeals Court is working “hand in glove” with the District Court in trying to forestall the Administration’s efforts to deport 600,000+ Venezuelans who were not vetted when they illegally entered in the United States.
The full history leading up to Sec. Noem’s decision that is at issue is recounted in my earlier article. Shortly before the end of the Biden Administration, DHS Sec. Mayorkas issued two orders regarding the TPS status given to Venezuelans illegally in the United States. The effect of the two orders was to extend the TPS status of both groups — supposedly limited by statute to 18 month increments — so that their TPS status would continue until October 2026. That would be 21 months into the Trump Administration. Nice trick.
After she was confirmed, DHS Sec. Noem vacated both orders entered by Mayorkas — which were both set to take effect in the future — resetting the end of TPS status of the two groups involved back to the April 2025 and Sept. 2025 dates that applied prior to Mayorkas’ actions.
Here is the timeline of events leading up to the Ninth Circuit’s refusal to grant a stay even after the Supreme Court previously granted a stay — which, under the legal standard, meant the Supreme Court concluded the Government was likely to succeed on the merits, and would be irreparably harmed if a stay was not granted.
