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A group of Haitian Temporary Protected Status beneficiaries on Tuesday asked the Supreme Court to dismiss Trump v. Miot as improvidently granted. (Respondents’ Motion.) The filing contends that newly disclosed internal Department of Homeland Security documents suggest that DHS terminated Haiti’s TPS designation without consulting the State Department despite public statements indicating otherwise. (Appendix.) (SCOTUSblog.) (NYT.)
Judge Leonie Brinkema (E.D. Va.) ordered ICE to provide an individualized bond hearing to Mohammad Rahim Wahidi, an Afghan lawful permanent resident detained for more than 14 months while the government seeks to remove him under the Immigration and Nationality Act’s terrorism-related material support provisions. (Order.)
The U.S. District Court for the District of Rhode Island issued its finding and decision with regard to possible misconduct by a Justice Department lawyer who failed to disclose to Judge Melissa DuBose (D.R.I.) that a migrant appearing before her was wanted for homicide in the Dominican Republic. The court found that the lawyer had violated his duty of candor, but recommended no disciplinary sanctions. (Letter.) (Statement of the Court.) (NYT.) See previous Roundups for background.
The New York Times published the full text, as dictated by a senior U.S. official, of the memorandum of understanding between Iran and the United States. (NYT.)
Federal prosecutors in Minnesota unsealed a 94-page indictment charging 15 alleged members of Minneapolis-based antifa groups with conspiracy and other offenses arising from efforts to impede ICE operations. (Indictment.) (NYT.)
The Senate on Tuesday rejected Democrats’ ninth effort to advance a war powers resolution directing President Trump to end U.S. involvement in the war with Iran absent congressional authorization. (NYT.)
George Croner argued that the Supreme Court’s decision in Trump v. Illinois makes it more likely President Trump will turn to the Insurrection Act for domestic deployments and urged courts to closely scrutinize any such invocation. (Lawfare.)
Pending Interim Order Applications Involving the U.S. Government in the Supreme Court
Blanche v. Perlmutter: The government filed an emergency application on October 27 requesting the Supreme Court to stay a district court interlocutory injunction that temporarily reinstated Shira Perlmutter to her role as Register of Copyrights while litigation over her removal continues. Chief Justice Roberts formally set a deadline of November 10 for a response to the application. Perlmutter submitted a response on November 10. Blanche submitted a reply on November 12. The Court deferred the application for stay on November 28 pending the Court’s decisions in Trump v. Slaughter and Trump v. Cook.
Trump v. Cook: The government filed an emergency application on September 18 requesting the Supreme Court to stay a preliminary injunction issued by a district court that blocked President Trump from removing Federal Reserve Governor Lisa Cook. Cook filed an opposition to the request on the same day. The Chief Justice formally set a deadline of September 25 for a response to the application. Cook filed a response on September 25. On October 1, the Court deferred action on the stay application pending oral argument in January 2026 and established a supplemental briefing schedule. Additional amicus briefs were filed on October 29. Both sides filed supplemental briefs on November 19 and the Court heard oral argument on Jan. 21, 2026.
Mullin v. Doe: The government filed an application on February 26 requesting the Supreme Court stay pending appeal of a preliminary injunction issued by a district court preliminarily enjoining then-Secretary of Homeland Security Kristi Noem from terminating temporary protected status designation for Syria. The government asked the Court to construe the application as a petition for a writ of certiorari before judgment and grant the petition. On March 16, the Court consolidated the case with a challenge to the Department of Homeland Security’s termination of Temporary Protected Status designations for Haiti and granted certiorari before judgment of the consolidated cases while deferring action on the government’s request for a stay. The Court heard oral argument on April 29, 2026.
Trump v. Miot: The government filed an application on March 11 requesting the Supreme Court to stay a lower court order postponing then-Secretary of Homeland Security Kristi Noem’s decision to terminate temporary protected status designation for Haiti. The government also asked the Court to treat the application as a petition for a writ of certiorari before judgment and grant the petition. On March 16, the Court consolidated the case with Mullin v. Doe. The Court heard oral argument on April 29, 2026. On June 16, 2026, respondents moved to dismiss the government’s petition as improvidently granted.