Cases · Terminations of Temporary Protected Status (TPS) designations
National TPS Alliance v. Noem
Latest development
Ninth Circuit denied government's TPS stay requests after remand
The appellate stay requests are denied. The order identifies November 6, 2026 as the expiration of the Supreme Court’s existing stay; it does not make relief effective on October 30.
- Status as of
- October 30, 2026
- Source
- Latest order (PDF)
- Docket reviewed through
- October 30, 2026
About the case
On October 30, 2026, the Ninth Circuit denied the government’s motion to stay the district court’s preliminary injunction pending appeal and its alternative request for an administrative stay of at least 21 days. The order states that the existing Supreme Court stay expires upon issuance of its mandate on November 6. Merits briefing will be expedited by separate order.
Relief
The plaintiffs seek to preserve Venezuela and Haiti TPS protections and invalidate the challenged rollback decisions.
What's next
November 6 Supreme Court mandate and expiration of its existing stay; separate Ninth Circuit merits-briefing order.
New on the docket, not yet reviewed
Nothing new since the last review.
Reviewed events
Ninth Circuit denied stay pending appeal and alternative administrative stay
National TPS Alliance v. Noem · 9th Cir. · Source
Plaintiffs filed second amended complaint under the limited amendment order
National TPS Alliance v. Noem · 9th Cir. · Source
TPS holders opposed government’s motion for a stay pending appeal
National TPS Alliance v. Noem · 9th Cir. · Source
District court permitted removal of barred claims but rejected three new constitutional claims
National TPS Alliance v. Noem · 9th Cir. · Source
Supreme Court vacated TPS judgment and remanded
National TPS Alliance v. Noem · 9th Cir. · Source
Supreme Court distributed TPS cert petition for conference
National TPS Alliance v. Noem · 9th Cir. · Source
Government sought Supreme Court review of TPS merits ruling
National TPS Alliance v. Noem · 9th Cir. · Source
Ninth Circuit denied government's motion to vacate earlier TPS precedent
National TPS Alliance v. Noem · 9th Cir. · Source
Ninth Circuit denied rehearing en banc in TPS merits appeal
National TPS Alliance v. Noem · 9th Cir. · Source
Ninth Circuit affirmed merits rulings against TPS rollbacks
National TPS Alliance v. Noem · 9th Cir. · Source
In the news
- Policy Memorandum; Special Immigrant Juvenile Classification and Deferred Actionwww.uscis.gov · Apr 10, 2026
- Associated Press coverage of the Ninth Circuit rulingAssociated Press · Jan 29, 2026
- Termination of the October 3, 2023 Designation of Venezuela for Temporary Protected StatusFederal Register · Feb 5, 2025
- Vacatur of 2025 Temporary Protected Status Decision for Venezuela U.S. Department of Homeland SecurityFederal Register · Feb 3, 2025
- EO 14159 - Protecting the American People Against Invasion President Donald TrumpFederal Register · Jan 20, 2025