A federal appeals court in San Francisco has granted a stay permitting the government to proceed with terminating Temporary Protected Status (TPS) for migrants from Nepal, Honduras, and Nicaragua.
The 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 determined the government is likely to succeed on the merits, finding the DHS decision was not “arbitrary or capricious,” indicating the termination process followed a rational decision-making framework.
“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 stated.
Basis for Ending TPS
Last year, Secretary Noem moved to terminate TPS designations for the three countries.
Noem argues that federal law requires the government to reassess whether the original conditions justifying protection still exist.
TPS had been granted to:
• Nepal in 2015, following a devastating earthquake
• Honduras and Nicaragua in 1999 after Hurricane Mitch
Assistant Secretary Tricia McLaughlin previously emphasized that TPS protections were always intended to be temporary.
Trump Administration Response
Attorney General Pam Bondi praised the appellate ruling, saying it clears the way for continued enforcement of the administration’s immigration policies.
“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.”
Legal Challenge and Prior Ruling
The decision follows a lawsuit brought by the National TPS Alliance.
The organization argued that Noem’s termination order was “arbitrary and capricious” and violated the Administrative Procedure Act.
On December 31, 2025, a federal district court judge in San Francisco sided with the plaintiffs and canceled the termination order, prompting the government’s appeal.
Judges on the Ninth Circuit Panel
The appellate panel included:
• Judge Hawkins, appointed by former President Bill Clinton
• Judge Callahan, appointed by former President George W. Bush
• Judge Miller, appointed by President Donald Trump
While Judges Callahan and Miller authored the primary analysis, Judge Hawkins filed a separate concurring opinion.
He agreed with the outcome based on recent Supreme Court guidance but said he would not rule on the plaintiffs’ claims at this early stage.
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