A federal appeals court in San Francisco handed the Trump administration a major victory on Monday by allowing the government to proceed with ending Temporary Protected Status (TPS) for over 60,000 immigrants. The Ninth Circuit Court of Appeals issued an order staying a lower court ruling that had previously blocked Department of Homeland Security (DHS) Secretary Kristi Noem’s termination plan.
The ruling affects long-term residents from Nepal, Honduras, and Nicaragua who have lived in the U.S. under humanitarian protections for years. A three-judge panel found that the government is likely to succeed in arguing that Noem’s decision was not “arbitrary or capricious.” The court suggested the DHS decision-making process was rational and legally sound.
“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 documents stated. This decision effectively reinstates the original expiration dates for these protections.
Secretary Noem has argued that TPS was always intended to be a temporary measure for nations recovering from specific disasters. Nepal originally received designation in 2015 after a massive earthquake, while Honduras and Nicaragua have held status since 1999 following Hurricane Mitch. The administration maintains that these conditions no longer justify ongoing protection from deportation.
Attorney General Pam Bondi celebrated the ruling as a crucial step for the administration’s broader immigration enforcement goals. “This is a crucial legal win from @TheJusticeDept attorneys that helps clear the way for President Trump’s continued deportations,” Bondi said in a social media post. She added that the Department of Justice is proud to represent the administration’s lawful policies every day.
The ruling reverses a December 31 decision by a district court judge who had sided with the National TPS Alliance. That lower court had previously canceled Noem’s termination order, calling it “preordained” and a departure from decades of established practice. The appellate panel, which included judges appointed by Clinton, Bush, and Trump, disagreed with that assessment for the purpose of the stay.
While the stay allows deportations to proceed, the legal battle continues. Advocates for TPS holders have promised to keep fighting, citing the “senseless hardship” that loss of status will cause for tens of thousands of families. Absent further court intervention, the administration is now clear to move forward with its planned termination schedule.