In a filing submitted on July 9 and docketed on Monday, U.S. Solicitor Normal D. John Sauer urged the justices to order the U.S. Court docket of Appeals for the ninth Circuit to rethink its ruling in a problem to the choice by then-Secretary of Homeland Safety Kristi Noem to finish protections for Venezuelans and Haitians in the USA beneath a program that permits overseas nationals to stay in the USA and work right here once they can not safely return dwelling.
Then-DHS Secretary Alejandro Mayorkas designated Venezuela for this system, often called Temporary Protected Status, in 2021 after which redesignated it in 2023. In 2025, he introduced that this system could be prolonged by means of October 2026. Mayorkas cited a “extreme humanitarian emergency” ensuing from the “extreme political and financial disaster” in Venezuela as the rationale for the designation.
In 2010, then-Secretary of Homeland Safety Janet Napolitano designated Haiti beneath the TPS program, shortly after a magnitude 7.0 earthquake struck the nation, killing more than 300,000 people and inflicting catastrophic harm. That designation was repeatedly prolonged.
After Noem introduced her selections to finish the designations, a gaggle representing TPS holders went to federal court docket in San Francisco to problem it. U.S. District Choose Edward Chen put aside the choices, and the ninth Circuit upheld that ruling. Final fall, whereas that litigation was transferring ahead, the Supreme Court docket paused Chen’s order with regard to Venezuela, successfully clearing the best way for the Trump administration to deport Venezuelan TPS beneficiaries whereas the case continued.
The ninth Circuit declined to rethink its choice, and the Trump administration now has come to the Supreme Court docket, asking the justices to throw out the decrease court docket’s ruling and direct that court docket to take one other look in mild of the justices’ ruling final month that courts usually can not evaluation the Secretary of Homeland Safety’s choice to designate or terminate a rustic beneath the TPS program.
In that call, Mullin v. Doe, Sauer wrote, the Supreme Court docket held that the legislation creating the TPS program bars courts from reviewing non-constitutional claims. As a result of the court docket of appeals reached a opposite conclusion, Sauer argued, sending the case again to the ninth Circuit would enable that court docket to rethink that conclusion (and, though Sauer didn’t say so explicitly, presumably reverse its earlier ruling granting reduction to the Venezuelan and Haitian TPS beneficiaries) based mostly on the Supreme Court docket’s ruling in Mullin.
The challengers’ response is presently due on Aug. 12.
Really helpful Quotation: Amy Howe, Trump administration asks justices to have decrease court docket rethink protected standing for Venezuelan and Haitian nationals, SCOTUSblog (Jul. 15, 2026, 11:20 AM), https://www.scotusblog.com/2026/07/trump-administration-asks-justices-to-have-lower-court-reconsider-protected-status-for-venezuela/
