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A federal appeals court in San Francisco has allowed the Trump administration to move forward with ending Temporary Protected Status for immigrants from Nepal, Honduras and Nicaragua.
The Ninth U.S. Circuit Court of Appeals granted a stay of a lower court ruling that had blocked Homeland Security Secretary Kristi Noem’s decision to terminate the protections. The order keeps the policy in effect while the case continues.
In its ruling, the court said the government is likely to succeed in showing that the decision was lawful.
“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 said.
Noem moved last year to end TPS for the three countries, arguing that the law requires periodic reviews to determine whether the original conditions justifying the protections still exist. Nepal was granted TPS in 2015 after a devastating earthquake, while Honduras and Nicaragua received the designation in 1999 following Hurricane Mitch.
“A win for the rule of law and vindication for the US Constitution. Under the previous administration, Temporary Protected Status was abused to allow violent terrorists, criminals, and national security threats into our nation,” Noem posted to X.
“TPS was never designed to be permanent, yet previous administrations have used it as a de facto amnesty program for decades. Given the improved situation in each of these countries, we are wisely concluding what was intended to be a temporary designation,” she added.
Attorney General Pam Bondi praised the ruling, calling it a significant victory for the administration.
“This is a crucial legal win from @TheJusticeDept attorneys that helps clear the way for President Trump’s continued deportations,” Bondi 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.”
The termination decision had been challenged by the National TPS Alliance, which argued that the move violated the Administrative Procedure Act and was arbitrary and capricious. On Dec. 31, 2025, a federal district judge in San Francisco sided with the plaintiffs and blocked Noem’s order.
Monday’s ruling from the appeals court reverses that decision, at least temporarily, and could further clear the way for President Trump’s immigration agenda.
