(ORDER LIST:

605 U.S.)

24A1059

MONDAY, MAY 19, 2025

ORDER IN PENDING CASE

NOEM, SEC., DHS, ET AL. V. NAT. TPS ALLIANCE, ET AL.
The application for stay presented to Justice Kagan and by her referred to the Court is granted. The March 31, 2025 order entered by the United States District Court for the Northern District of California, case No. 3:25-cv-1766, is stayed pending the disposition of the appeal in the United States Court of Appeals for the Ninth Circuit and disposition of a petition for a writ of certiorari, if such a writ is timely sought. Should certiorari be denied, this stay shall terminate automatically. In the event certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.
This order is without prejudice to any challenge to
Secretary Noem’s February 3, 2025 vacatur notice insofar as it purports to invalidate EADS, Forms I-797, Notices of Action, and Forms I-94 issued with October 2, 2026 expiration dates.

8 U. S. C. §1254a(d) (3).

Justice Jackson would deny the application.

See

President Donald Trump is set to sign the Take It Down Act — a bill that punishes internet abuse involving nonconsensual, explicit imagery. 

The president is scheduled to sign the bill from the White House Monday afternoon, joined by first lady Melania Trump, who has been championing the issue since her husband’s inauguration. 

The Take It Down Act is a bill introduced in the Senate by Sens. Ted Cruz, R-Texas, and Amy Klobuchar, D-Minn., that would make it a federal crime to publish, or threaten to publish, nonconsensual intimate imagery, including “digital forgeries” crafted by artificial intelligence. The bill unanimously passed the Senate in February, and passed in the House of Representatives in April with a vote of 409–2. 

MELANIA TRUMP SPEAKS ON CAPITOL HILL FOR FIRST TIME IN ROUNDTABLE FOCUSED ON PUNISHING REVENGE PORN

The law would require penalties of up to three years in prison for sharing nonconsensual intimate images — authentic or AI-generated — involving minors and two years in prison for those images involving adults. It also would require penalties of up to two and a half years in prison for threat offenses involving minors, and one and a half years in prison for threats involving adults. 

The bill would require social media companies, like Snapchat, TikTok, Instagram and similar platforms, to put procedures in place to remove such content within 48 hours of notice from the victim. 

AI-generated images known as “deepfakes” often involve editing videos or photos of people to make them look like someone else by using artificial intelligence. Deepfakes hit the public’s radar in 2017 after a Reddit user posted realistic-looking pornography of celebrities to the platform, opening the floodgates to users employing AI to make images look more convincing and widely shared in the following years. 

Right now, nearly every U.S. state has a law protecting people from nonconsensual intimate image violations, but the laws vary in classification of crime and penalty. 

In March, the first lady spoke on Capitol Hill for the first time since returning to the White House to participate in a roundtable with lawmakers and victims of revenge porn and AI-generated deepfakes. 

The first lady invited 15-year-old Elliston Berry, whose high school peers used AI to create nonconsensual imagery of her and spread them across social media. 

 U.S. first lady Melania Trump speaks during a roundtable discussion on the “Take It Down Act” in the Mike Mansfield Room at the U.S. Capitol on March 03, 2025 in Washington, D.C.  (Getty Images)

“It’s heartbreaking to witness young teens, especially girls, grappling with the overwhelming challenges posed by malicious online content, like deepfakes,” Trump said. “This toxic environment can be severely damaging. We must prioritize their well-being by equipping them with the support and tools necessary to navigate this hostile digital landscape. Every young person deserves a safe online space to express themselves freely, without the looming threat of exploitation or harm.” 

REVENGE PORN BILL BACKED BY MELANIA TRUMP HEADS TO PRESIDENT’S DESK AFTER OVERWHELMING HOUSE VOTE

Berry, a Texas native, told the roundtable she was just 14 years old when she realized in 2023 that “a past Instagram photo with a nude body and my face attached made from AI,” was circulating on social media. 

“Fear, shock and disgust were just some of the many emotions I felt,” Berry said. “I felt responsible and began to blame myself and was ashamed to tell my parents. Despite doing nothing wrong. As I attended school, I was scared of the reactions of someone or someone could recreate these photos.”  

“We need to hold big tech accountable to take action,” the young woman continued. “I came here today to not only promote this bill, but to fight for the freedom of so many survivors, millions of people, male, female, teenage children, kids all are affected by the rise of this image-based sexual abuse. This is unacceptable. The Take It Down act will give a voice to the victims and provide justice.” 

Another young girl, Francesca Mani of New Jersey, recounted that she also was just 14 when she and other peers found deepfake images on themselves online. 

“Teenagers might not know all the laws, but they do know when something is wrong,” Mani said. “Schools need to take immediate, serious action to ensure that AI exploitation, harassment and deepfake abuse are met with real consequences.” 

First Lady of the U.S. Melania Trump reacts on the day of U.S. President Donald Trump’s speech to a joint session of Congress, in the House Chamber of the U.S. Capitol in Washington, D.C., U.S., March 4, 2025. Evelyn Hockstein/Reuters

The first lady invited the young women as her special guests for Trump’s first address to a joint session of Congress in March.  

Sharing nonconsensual and AI-generated explicit images on social media and the internet has not just affected young girls, as young boys and adults also face similar crimes. A woman named Breeze Liu told the roundtable that she worked tirelessly to remove AI-generated images of herself that landed on a pornography site in 2020 when she was 24 years old. 

And Republican South Carolina state Rep. Brandon Guffey also joined the group of lawmakers and the first lady in March, recounting how his 17-year-old son committed suicide in 2022 after he was caught up in a sextortion scam. 

“I lost my oldest son, Gavin Guffey, to suicide,” he shared. “We quickly found out that he was being extorted online. That someone pretending to be a young female at another college requested images to be shared back and forth. And as soon as he shared those images, he took his life. It was an hour and 40 minutes from the time that he was contacted until the time that he took his life.” 

Meanwhile, during the first Trump administration, Melania Trump hosted virtual roundtables on foster care as part of her “Be Best” initiative and focused on strengthening the child welfare system. The “Be Best” initiative also focused on online safety. 

“As first lady, my commitment to the ‘Be Best’ initiative underscores the importance of online safety,” she said. “In an era where digital interactions are integral to daily life, it is imperative that we safeguard children from mean-spirited and hurtful online behavior.” 

The first lady, in March, said the bill “represents a powerful step toward justice, healing and unity.”

WASHINGTON — House Republican leadership is pressing ahead toward a vote on landmark legislation that would codify President Trump’s agenda this week, the first major push to pass Trump’s “big, beautiful bill” since he resumed office.

The bill would overhaul the tax code and extend many of the tax cuts passed during Trump’s first term, while increasing spending on defense and border security — costly policies that would be offset by new work requirements and conditions on Medicaid, cuts to the Supplemental Nutrition Assistance Program, or SNAP, and the phasing out of green energy tax credits.

Success is far from guaranteed for House Speaker Mike Johnson (R-La.), who is navigating negotiations with fiscal conservatives and coastal moderates within his caucus to secure enough votes within his razor-thin majority. But the bill did take one procedural step forward Sunday night, clearing the bill through the House Budget Committee in a rare weekend vote.

Four members of that committee voted “present,” and have not committed to ultimately vote in favor of the bill. Those four alone — Freedom Caucus members Rep. Chip Roy of Texas, Andrew Clyde of Georgia, Josh Brecheen of Oklahoma and Ralph Norman of South Carolina — are enough to sink the bill in a final floor vote.

More moderate Republican lawmakers from states like California, New York and New Jersey, where residents face higher state and local taxes than in much of the rest of the country, are pushing for an increase in the state and local tax deduction cap, known as SALT, to be included in the bill — a provision that is opposed by the Freedom Caucus. They also are pushing back against efforts to wind down green energy tax credits that are popular with their constituents.

The Congressional Budget Office issued a preliminary estimate that new conditions to Medicaid coverage built into the bill would result in at least 7.6 million people losing health insurance by 2034. The CBO has yet to release a full assessment of the bill’s effect on the debt and deficit.

Johnson has said that the bill will go to the House Rules Committee on Tuesday or Wednesday. He then aims to put the bill to a vote on the House floor on Thursday.

The White House has been involved in the negotiations in recent days.

“Passing this bill is what voters sent Republicans to Washington to accomplish,” Karoline Leavitt, the White House press secretary, said Monday. “That’s why it’s essential that every Republican in the House and Senate unites behind President Trump to pass this popular and transformative legislative package.”

Even if Johnson succeeds in passing the legislation, the bill will then move to a Senate filled with Republicans who have expressed skepticism of the House legislation.

“Not only myself, but a number of us in the Senate have been very clear: We have to reduce the deficit,” Republican Sen. John Curtis of Utah said in an interview with CNN. Asked if he wants serious changes to the House bill, Curtis said, “Yes.”

Earlier in the week, Republican Sen. Josh Hawley of Missouri said the House bill represented “real Medicaid benefit cuts” that he would not vote for.

“I can’t support that,” Hawley said. “No Republican should support that. We’re the party of the working class. We need to act like it.”

In a statement on social media Monday, Johnson called the bill a “once in a generation opportunity to help restore our economy to greatness.”

“The One Big Beautiful Bill Act will bring the historic relief and prosperity President Trump and Congressional Republicans promised the American people,” he said.