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Emergency application

Protections for Venezuelan immigrants

Kristi Noem, Secretary, Department of Homeland Security v. National TPS Alliance

Granted
No. 24A1059Stay applicationFiled by the federal governmentPresented to Justice KaganFrom United States Court of Appeals for the Ninth Circuit

What did the Court do?

The Court granted the request on May 19, 2025: the lower court's ruling is on hold while the appeal continues.

Emergency rulings are temporary and do not decide the underlying case. Justice Jackson would have ruled the other way.

Filed Ruled 18 days after filing

What's being asked

The federal government, led by Homeland Security Secretary Kristi Noem, asks the Court to pause a March 31 order postponing agency actions. The case concerns the prior administration’s extension of Venezuela’s Temporary Protected Status designation; the government says Secretary Noem had authority to cancel it.

What the Court did

The Court approved (granted) the federal government’s request, putting the March 31 district court order on hold (staying it). The pause covers the Ninth Circuit appeal and timely Supreme Court review; it ends if review is refused or when the Court issues judgment. The Court did not publish a full vote; Justice Jackson would have refused the request.

  • Dissented
  • Vote not published
Dissenting · 1recorded against the Court's order
  1. Jacksonwould deny
Vote not published · 8the order does not say how they voted
  1. Roberts
  2. Thomas
  3. Alito
  4. Sotomayor
  5. Kagan
  6. Gorsuch
  7. Kavanaugh
  8. Barrett
The order records the positions of 1 of 9 justices. The Court usually does not say how each justice voted on an emergency application, so the rest are shown as not published.
Half of 82 rulings on applications where the Court asked for a response came 10 to 26 days after filing, and the median was 17 days; this one was ruled on 18 days after filing.

What it means

This temporary order does not decide who wins the underlying dispute. The appeal continues in the Ninth Circuit; no related Supreme Court case on the main question or argument date is listed. It leaves open challenges to the February 3 notice’s effect on permits and immigration papers with October 2, 2026 expiration dates.

Sources

Facts on this page come from the Supreme Court docket, orders, and opinions for No. 24A1059. The answers restate that record in plain words; explainer copy is written from the record and the filings only.

Checked October 4, 2026