Breaking: Government Requests Supreme Court Stay in NTPSA v. Noem
Continues the Trump administration’s effort to strip humanitarian protections from 350,000 Venezuelan TPS beneficiaries
LOS ANGELES, CA –The Trump administration today asked the U.S. Supreme Court to stay the district court’s order in NTPSA v. Noem, which has preserved Temporary Protected Status (TPS) for over 350,000 Venezuelan immigrants who are unable to safely return to Venezuela. U.S. Department of Homeland Security Secretary Kristi Noem attempted to end the protections days after taking office in January. However, the 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.
The U.S. Court of Appeals for the Ninth Circuit rejected the government’s stay request last month. If the Supreme Court grants a stay, Venezuelans who first registered for Temporary Protected Status in 2023 would immediately lose the interim protection provided by the district court’s order and face the prospect of deportation to Venezuela while the case proceeds.
“The district court’s detailed, well-reasoned order allows the Venezuelan community to continue living and working in this country while the case moves forward,” said Ahilan Arulanantham, of the Center for Immigration Law and Policy (CILP) at UCLA School of Law. “We hope the Supreme Court will see the government’s request for what it is: an attempt to seize power that neither Congress nor the Constitution allows it to exercise.”
“There is no emergency here that compels the Supreme Court’s intervention. But the government has asserted one to avoid complying with a court order that merely allows Venezuelans who cannot safely return to their country to stay here while the court decides if the government’s actions are lawful,” said Emi MacLean, attorney with the ACLU Foundation of Northern California.
“The government’s actions are unprecedented and illegal. And no one will suffer any harm from allowing members of this vibrant community to stay while they are tested in court,” said Jessica Bansal, attorney with the National Day Laborer Organizing Network.
“Venezuelan TPS holders–like all TPS holders–are hard-working people who contribute to their communities and want only to keep themselves and their families safe,” said Jose Palma, coordinator of the National TPS Alliance. “Stripping them of their lawful immigration status would mean separating families, destroying businesses, and impoverishing our communities. As always, in the face of ongoing attacks, the National TPS Alliance stands united in the fight for the dignity and rights of all TPS holders and the immigrant community as a whole.”
“The administration is creating a false narrative about Venezuelan migrants who come here seeking refuge. We want to work hard to contribute to the country, and cannot safely go back to our country,” said Cecilia Gonzalez Herrera, a plaintiff in the case. “This administration’s continued assault disregards the facts about our community and about the situation in Venezuela. Nonetheless, I remain hopeful that justice and the rule of law will prevail.”
The plaintiffs are represented by the National Day Laborer Organizing Network (NDLON), the ACLU Foundations of Northern California and Southern California, CILP, and Haitian Bridge Alliance (HBA).
Answers to Frequently Asked Questions for TPS Holders about the litigation are available here: NTPSA v. Noem FAQ
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