A protester holds a sign protesting against ICE's deportation in front of City Hall in San Francisco on Feb. 16, 2025. (Minh Connors/Anadolu via Getty Images)
"The decision to delay the Secretary’s actions effectively nullifies them, tying them up in the very judicial second-guessing that Congress prohibited," he said of the lower court order. "The district court’s ill-considered preliminary injunction should be stayed."
At issue is the TPS program, which allows individuals to live and work in the U.S. legally if they cannot work safely in their home country due to a disaster, armed conflict or other "extraordinary and temporary conditions."
Supreme Court justices attend the 60th inaugural ceremony at the U.S. Capitol on Jan. 20, 2025, as President Trump is sworn in during a rare indoor inauguration. (Ricky Carioti /The Washington Post via Getty Images)
"Forceful condemnations of gang violence and broad questioning of the integrity of the prior administration’s immigration practices, including potential abuses of the TPS program, do not evince discriminatory intent," Sauer said, describing Judge Chen's descriptions as "cherry picked" and "wrongly portrayed" as "racially tinged."
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A Supreme Court stay would allow the Trump administration to move forward with plans to immediately remove these migrants, which Sauer argued they should be able to do. Plaintiffs have until Thursday to respond to the Supreme Court.
Breanne Deppisch is a national politics reporter for Fox News Digital covering the Trump administration, with a focus on the Justice Department, FBI, and other national news.
https://www.foxnews.com/politics/trump-asks-scotus-strip-protected-status-hundreds-thousands-venezuelan-migrants