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WASHINGTON, D.C.– Today, in a two-paragraph summary order, the U.S. Supreme Court granted a stay of the district court’s order in NTPSA v. Noem, a challenge to DHS Secretary Kristi Noem’s cancellation of humanitarian protection to Venezuelan Temporary Protected Status (TPS) holders. This action by the Supreme Court strips legal status and work permits from 350,000 Venezuelan immigrants who have sought refuge in the United States and are unable to safely return to Venezuela.
“My daughter and I cannot safely return to Venezuela, which is in crisis. The immediate loss of our TPS causes extraordinary harm. We now fear deportation and will struggle to be able to support ourselves,” said E.R., a plaintiff in the case. “We will continue to defend our rights and the rights of other TPS holders. This law is supposed to provide humanitarian protection for people just like us. This must mean something.”
“We will continue to fight to defend the rights of TPS holders to the maximum extent permitted by law. But make no mistake, today’s decision causes devastating harm to hundreds of thousands of people while this case proceeds,” said Jessica Bansal, attorney with the National Day Laborer Organizing Network.
“With today’s decision, the Supreme Court effectively immunized Secretary Noem’s lawlessness,” said Emi MacLean, attorney at the ACLU Foundation of Northern California. “The court also eviscerated statutory protections designed to limit executive discretion and politicized decisionmaking about blanket humanitarian relief. We are evaluating our options and remain committed to defending the rights of individuals affected by this administration’s illegal actions.”
“This is the largest single action stripping any group of non-citizens of immigration status in modern U.S. history,” said Ahilan Arulanantham, co-director of the Center for Immigration Law and Policy (CILP) at UCLA School of Law, and one of the counsel for plaintiffs. “That the Supreme Court authorized it in a two-paragraph order with no reasoning is truly shocking. The humanitarian and economic impact of the Court’s decision will be felt immediately and will reverberate for generations.”
“The setback in the Supreme Court today will not deter us. The Trump Administration will not stop us,” said Jose Palma, coordinator of the National TPS Alliance. “On the contrary, we will never abandon our basic rights and we will never be frightened into silence. The United States made a commitment to our protection, and we will hold this Administration to it. We will continue to make our case in court and in the court of public opinion. Like all previous generations of immigrants to this country, we will defend our families and demand equal protection under the law.”
Background: U.S. Department of Homeland Security Secretary Kristi Noem attempted to strip TPS protection for Venezuelans days after she was confirmed in January. TPS provides blanket humanitarian protection for people when it is unsafe for them to return to their home country. This is the first time in the 35-year history of the statute that an administration has attempted to rescind a TPS grant. The National TPS Alliance and eleven individuals filed suit challenging the federal government’s unprecedented action. A federal district court put her decision on hold pending a final resolution in the case, finding that the secretary’s decision appeared to be motivated by racial bias toward Venezuelans and violated the law governing TPS.
Approximately 350,000 Venezuelans had been granted TPS in 2023; only these TPS-holders are at risk from the Supreme Court’s decision today. Approximately 250,000 Venezuelan TPS holders who were granted TPS in 2021 are not affected by today’s order and retain their legal status and employment authorization. The decision also does not affect the 500,000 Haitian TPS holders whose status is set to expire on August 3, 2025 under Secretary Noem’s partial vacatur, though that vacatur is also being challenged in this case.
The U.S. Court of Appeals for the Ninth Circuit rejected the government’s stay request last month. Yet today, on an emergency stay application, the Supreme Court intervened to prevent this district court’s decision from entering into effect.
The plaintiffs are represented by the National Day Laborer Organizing Network (NDLON), the ACLU Foundations of Northern California and Southern California, Center for Immigration Law and Policy (CILP) at UCLA School of Law, and Haitian Bridge Alliance (HBA).
