Trump puts Syrians’ protected status up for SCOTUS shadow docket treatment 

WASHINGTON (CN) — The Trump administration asked the Supreme Court Thursday to issue an emergency order ending temporary protected status for Syrian migrants, marking the third time the government turned to the justices over the terminations. 

In two shadow docket rulings last year, the Supreme Court sanctioned the designation’s revocation for Venezuelan migrants. Homeland Security Secretary Kristi Noem scolded the Second Circuit for not following the justices’ lead in regards to Syrians, calling the decision indefensible. 

“The lower courts brushed aside those stay orders because they ‘contained no explanation,’ and following them would require ‘speculation,’” U.S. Solicitor General John Sauer wrote in the emergency application. “But at a minimum, this court’s decisions in the stay posture ‘inform’ like cases.” 

Lackluster or nonexistent explanations on emergency applications contributed to its shadow docket nickname. While in recent years, the justices have been more willing to provide brief statements on emergency orders, many applications are still denied without clarification. 

Unlike rulings on the merits docket, orders on emergency applications have not traditionally been seen as precedential. However, some justices have suggested that emergency orders be given similar treatment. 

Syrian nationals received temporary protected status during the Obama administration in 2012 during the brutal crackdown by the country’s former president, Bashar Assad. The designation was extended due to Assad’s continued rule and the ongoing armed conflict. 

In 2024, Assad was overthrown and fled to Russia, ending his family’s 53-year rule. Last September, Noem announced the termination of Syrians’ temporary protected status. She argued Assad’s ouster and new diplomatic efforts disqualified the country for protected status. The administration said any ongoing armed conflicts did not pose a serious threat to returning Syrian nationals, about 6,100 of whom have protected status in the U.S.

Seven Syrian nationals challenged Noem’s termination, claiming she violated administrative procedures and the Fifth Amendment. Two days before the deadline, a lower court postponed the termination. The court found Noem ignored required interagency consultation and was motivated by undue political influence. 

The Second Circuit refused to block the order. The appeals court acknowledged the justices’ prior orders but found those cases involved different factual circumstances. 

Calling the ruling indefensible, the White House called for the extraordinary step of granting certiorari before judgment — agreeing to review the appeal before the lower courts — to prevent further attempts at blocking Noem’s authority. 

“Otherwise, lower courts will continue to impermissibly bypass an unambiguous judicial-review bar and displace the secretary’s judgment on matters committed to her unreviewable discretion by law; continue to twist APA review to substitute their own judgment for the secretary’s; and continue to impede the termination of temporary protection that the secretary has deemed contrary to the national interest, tying those decisions up in protracted litigation with no end in sight,” Sauer wrote. 

The Supreme Court asked the Syrian migrants to file a response by March 5.

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