SCOTUS 26A406: Respondents file opposition; stay still pending
Respondents filed their opposition Monday afternoon in DHS v. D.V.D. America's Future also submitted an amicus brief. A stay ruling is still pending.
Respondents in Department of Homeland Security v. D.V.D., application 26A406, filed their opposition to the government's stay request on Monday afternoon, September 28, according to the Supreme Court's public docket. The filing is captioned an opposition to the application to stay and lists Trina Realmuto of the National Immigration Litigation Alliance as counsel of record. The same docket day also shows an amicus brief from America's Future. Justice Ketanji Brown Jackson had set a Monday, 4 p.m. Eastern response deadline after the government asked the Court to pause lower-court limits on third-country removal policy while appeals continue.
This emergency application concerns immigration-removal practice, not National Guard deployment orders involving Chicago or Illinois. Mixing those captions remains a common wire error. Lower courts had constrained how the Department of Homeland Security carries out third-country removals; the government wants those limits stayed while litigation proceeds. Respondents' Monday opposition contests that stay. America's Future's amicus brief also appears on the official docket under the same date.
As of mid-afternoon Monday, the public docket does not show a grant or denial of an administrative stay, and it does not show a Full Court referral. SCOTUSblog's case page still lists the matter as Pending and reflects the earlier September 24 schedule timeline, lagging the new docket entries. Outcomes on the emergency docket can still move within hours once papers are in. Social claims of a "ruling" stay unverified until the Court posts order language.
Where to watch next: the Supreme Court public docket page for application 26A406 for any stay order or referral note, and SCOTUSblog's DHS v. D.V.D. case file as it catches up. Oral-argument audio is not the vehicle here — this is paper stay practice on the emergency docket.
Where outlets agree The Supreme Court docket shows Monday filings of respondents' opposition and an America's Future amicus brief in DHS v. D.V.D. (26A406); no stay order appears yet.
Where they differ Whether Justice Jackson or the Full Court will grant or deny an administrative stay remains unknown on the public record.