A federal appeals court in San Francisco has allowed the government to move forward with ending Temporary Protected Status (TPS) for immigrants from Nepal, Honduras, and Nicaragua, freezing a lower court ruling that had blocked the action. The decision came from the Ninth Circuit Court of Appeals, a court often described as liberal, and found that the government was likely to succeed in defending Secretary of Homeland Security Kristi Noem’s determination that ending TPS protections is lawful.
TPS was originally granted to these countries in response to environmental disasters: Nepal in 2015 after a massive earthquake, and Honduras and Nicaragua in 1999 following Hurricane Mitch. Noem’s decision last year cited the temporary nature of these protections, noting that the conditions that prompted TPS may no longer apply.
Noem’s chief spokeswoman, Assistant Secretary Tricia McLaughlin, emphasized that TPS was never meant to be permanent. Attorney General Pam Bondi hailed the appeals court ruling as a “crucial legal win” that allows the Trump administration to continue its immigration policies and enforce deportations. “As the court found, ‘the government is likely to prevail in its argument’ that ending Temporary Protected Status for some immigrants is sound and lawful policy,” Bondi said.
The National TPS Alliance had challenged Noem’s ruling, arguing it was “arbitrary and capricious” and violated the Administrative Procedure Act. A San Francisco district court judge initially sided with the plaintiffs on December 31, 2025, canceling the termination order.
The Ninth Circuit panel included Judges Hawkins, Callahan, and Miller. Judges Callahan and Miller authored the main opinion, while Judge Hawkins wrote a concurring opinion agreeing with the result but declining to rule on the plaintiffs’ claims at this stage.
The ruling clears the way for the federal government to enforce the original decision to end TPS protections, marking a significant victory for the administration’s approach to immigration policy.
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