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A federal appeals court in San Francisco granted a stay allowing the government to proceed with terminating Temporary Protected Status (TPS) for immigrants from Nepal, Honduras and Nicaragua.
The reliably liberal Ninth Circuit Court of Appeals issued an order freezing a lower court ruling that would have vacated Department of Homeland Security (DHS) Secretary Kristi Noem’s decision to end the protections.
The court found the government was likely to succeed on the grounds that the DHS decision was not “arbitrary or capricious,” suggesting that the decision-making process was rational.
“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,” court documents said.
Homeland Security Secretary Kristi Noem speaks at a press conference in New York City, Jan. 8, 2026. (David ‘Dee’ Delgado/Reuters)
Last year, Noem sought to terminate refugee status for the three long-protected countries, arguing that under TPS, the government must check if the initial reasons for their protection still apply.
Nepal, Honduras, and Nicaragua all originally received TPS protections due to specific environmental disasters. Nepal was designated in 2015 following a massive earthquake, while Honduras and Nicaragua received protections in 1999 after Hurricane Mitch.
Noem’s chief spokeswoman, Assistant Secretary Tricia McLaughlin, previously noted last August that TPS protections were always intended to be temporary.
FED COURT OF APPEALS GRANTS TRUMP ADMIN PAUSE ON PROTECTIONS FOR 60K IMMIGRANTS
Monday’s court ruling may further clear the path for Trump’s immigration policy. (Jose Luis Magana/AP Photo)
Attorney General Pam Bondi praised the decision, saying it would allow the Trump administration to continue its immigration policies and deport certain immigrants.
“This is a crucial legal win from @TheJusticeDept…
