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A federal appeals court in San Francisco has granted a stay allowing the federal government to proceed with ending Temporary Protected Status (TPS) for immigrants from Nepal, Honduras, and Nicaragua.
The Ninth Circuit Court of Appeals issued an order that freezes a lower court ruling which would have blocked Department of Homeland Security Secretary Kristi Noem’s decision to terminate these protections. In its decision, the court indicated that the government is likely to prevail in its argument that the Secretary’s decision-making process was not “arbitrary or capricious.”
“The government is likely to prevail in its argument that the Secretary’s decision-making process in terminating TPS for Honduras, Nicaragua, and Nepal was not arbitrary and capricious,” the court stated in its official documents.
This ruling represents a significant shift in immigration policy that could affect thousands of individuals from these three countries who have been residing legally in the United States under TPS protection, some for decades.
Temporary Protected Status is a program established by Congress in 1990 that provides temporary legal status to nationals of designated countries experiencing armed conflict, natural disasters, or other extraordinary conditions. Recipients receive protection from deportation and work authorization for the duration of their country’s designation.
Honduras and Nicaragua were initially designated for TPS following Hurricane Mitch in 1998, while Nepal received its designation after a devastating earthquake in 2015. Over time, these designations have been repeatedly extended by previous administrations, allowing many recipients to establish deep roots in American communities.
Immigration advocacy groups have expressed concern about the ruling, noting that many TPS holders have lived in the United States for years or decades, establishing families, businesses, and community ties. Many have U.S. citizen children, own homes, and fill essential roles in industries including healthcare, construction, and food service.
The court’s decision to grant the stay indicates that judges believe the government has a substantial likelihood of winning its case on appeal. This suggests the Ninth Circuit may ultimately uphold the administration’s authority to end these particular TPS designations, despite the lower court’s previous ruling.
Secretary Noem, who took office in January 2026, has implemented several policy changes aimed at restricting both legal and illegal immigration pathways. The termination of TPS for these three countries aligns with broader administration goals to limit humanitarian immigration programs and encourage returns to countries of origin.
Immigration policy experts note that if TPS designations are ultimately terminated, recipients would revert to whatever immigration status they held before receiving TPS—which for many would mean no legal status at all, making them vulnerable to deportation.
Critics of the decision argue that conditions in these countries remain unsafe or unstable, with Honduras and Nicaragua still suffering from weak governance, high crime rates, and economic instability, while Nepal continues to struggle with reconstruction efforts and political challenges following its earthquake.
The litigation surrounding TPS terminations has been ongoing for several years, with multiple courts weighing in on the government’s authority to end these designations and the proper procedures for doing so. This latest ruling represents a significant victory for the current administration’s immigration agenda.
The Department of Homeland Security has not yet announced implementation timelines for the termination of these TPS designations following the court’s stay. Typically, the government provides a wind-down period of 6-18 months to allow TPS holders to prepare for the change in status or seek alternative forms of immigration relief if eligible.
This is a developing story, and further details are expected as the legal proceedings continue.
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9 Comments
The court’s decision indicates the government’s termination of TPS was likely not arbitrary or capricious. However, the real-world implications for the affected immigrant communities remain concerning.
Yes, the legal technicalities may be satisfied, but the human toll is what matters most. I hope policymakers keep that at the forefront.
Interesting to see the court upholding the decision to end TPS for these countries. I’m curious to understand the reasoning behind it and how it may impact the affected immigrant communities.
The court seems to believe the government made a reasonable case for terminating the TPS protections. It will be important to closely monitor the impact on the communities involved.
Ending TPS for these countries could force many long-term US residents to return to unstable conditions back home. I hope the government provides a compassionate transition plan to mitigate the disruption.
Agreed, a humane approach is critical here. The government should work to ensure the affected individuals are not left in a precarious situation.
This is a complex issue with legal, political, and humanitarian dimensions. I’ll be following this story closely to understand the full ramifications for the immigrant communities involved.
This is a significant shift in immigration policy that could have significant consequences for thousands of individuals who have been legally residing in the US for years under TPS. I hope the government carefully considers the human impact.
Agreed, the human impact needs to be the primary consideration here. Ending TPS could uproot many lives that have been established in the US over long periods.