Noem

I. FACTUAL BACKGROUND

A. History of Temporary Protected Status

25-5724 The TPS statute was Congress’s solution to the unprincipled and largely

unchecked power that presidents enjoyed through the extended voluntary departure

(“EVD”) program. EVD was a discretionary power of the president to allow

foreign nationals to remain in the United States for humanitarian reasons. As we

explained in National TPS Alliance v. Noem, 150 F.4th 1000, 1008 (9th Cir. 2025)

(“NTPSA I”), in creating the TPS statutory program, “Congress designed a system

of temporary status that was predictable, dependable, and insulated from electoral

politics.” In effect, Congress codified the executive branch’s existing EVD

powers, but added guardrails and provided guidance on the circumstances in which

Congress deemed it appropriate to permit foreign nationals to remain in the United

States. Once a country is designated for TPS, foreign nationals of that country

may apply for immigration status, which, if granted, prevents them from being

removed from the U.S. and enables them to obtain authorization to work during the

period of designation. See 8 U.S.C. §…