I am writing in response to the Court’s May 19, 2025 order in Noem v. National TPS Alliance, which grants a stay that effectively endorses the executive branch’s effort to erase legal protections for Temporary Protected Status recipients. This order permits DHS to invalidate valid employment and immigration documents—some not set to expire until late 2026—with zero regard for due process.
Let me be very clear: this Court’s constitutional responsibility is not to facilitate power grabs from the Executive. It is to check them. By greenlighting this stay, the majority is not acting as a neutral arbiter of law, but as an enabler of administrative overreach. You’ve placed process over people, deference over dignity, and precedent over principle.
Justice Jackson, your dissent is the only one that honored both the letter and the spirit of the Constitution. You remembered that equal protection is not situational. That due process is not optional. That the judiciary must not become a passive partner in policies rooted in fear and exclusion.
The rest of this bench should reflect deeply on the oaths you’ve taken. The Constitution does not empower the judiciary to pause justice when it’s inconvenient—or politically charged. Your robes do not shield you from accountability. This moment will be remembered.
I urge you to reconsider not just the technicalities, but the human and constitutional consequences of this decision. We see what you’re doing—and what you’re refusing to do.
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