Today, over a lone noted dissent, the Supreme Court stayed a district court injunction barring the Department of Homeland Security from terminating Temporary Protected Status for Venezuelans in the United States. The unsigned order in Noem v. National TPS Alliance noted that Justice Jackson would not have granted the stay.
The order was not an unqualified victory for the Trump Administration, as it does not extent--and expressly does not prejudice--challenges to the Administration's withdrawal of other benefits or status designations for TPS beneficiaries. Those questions will be litigated separately.
The Court's action was likely driven by the justices' conclusion that the federal government is likely to prevail on the merits, as the decision whether to confer, maintain, or terminate TPS is largely discretionary. Indeed, it is not even clear TPS decisions are subject to judicial review (as the Administration argued in its stay application).
