Court stay hands Noem victory in push to end TPS protections for 3 countries

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. 

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.

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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 attorneys that helps clear the way for President Trump’s continued deportations,” she said. 

“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. We are proud to represent the Trump Administration in court every day.”

Noem’s ruling was previously challenged by the National TPS Alliance, who argued it was “arbitrary and capricious” and violated the Administrative Procedure Act.

On December 31, 2025, a San Francisco district court judge sided with the plaintiffs and canceled Secretary Noem’s termination order.

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The Ninth Circuit Court of Appeals panel assigned to the case included Judges Hawkins, Callahan and Miller. Judge Hawkins was appointed by Bill Clinton, Judge Callahan by George W. Bush and Judge Miller by President Donald Trump.

While Judges Callahan and Miller appear to have authored the main analysis, Judge Hawkins wrote a separate concurring opinion. He agreed with the result based on recent Supreme Court guidance, but said he would not rule on the plaintiffs’ claims at this early stage.