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A federal appeals court docket in San Francisco granted a keep permitting the federal government to proceed with terminating Non permanent Protected Standing (TPS) for immigrants from Nepal, Honduras and Nicaragua.
The reliably liberal Ninth Circuit Courtroom of Appeals issued an order freezing a decrease court docket ruling that might have vacated Division of Homeland Safety (DHS) Secretary Kristi Noem’s resolution to finish the protections.
The court docket discovered the federal government was prone to succeed on the grounds that the DHS resolution was not “arbitrary or capricious,” suggesting that the decision-making course of was rational.
“The federal government is prone to prevail in its argument that the Secretary’s decision-making course of in terminating TPS for Honduras, Nicaragua, and Nepal was not arbitrary and capricious,” court docket paperwork mentioned.
Homeland Safety Secretary Kristi Noem speaks at a press convention in New York Metropolis, Jan. 8, 2026. (David ‘Dee’ Delgado/Reuters)
Final 12 months, Noem sought to terminate refugee standing for the three long-protected nations, arguing that underneath TPS, the federal government should examine if the preliminary causes for his or her safety nonetheless apply.
Nepal, Honduras, and Nicaragua all initially obtained TPS protections resulting from particular environmental disasters. Nepal was designated in 2015 following a large earthquake, whereas Honduras and Nicaragua obtained protections in 1999 after Hurricane Mitch.
Noem’s chief spokeswoman, Assistant Secretary Tricia McLaughlin, beforehand famous final August that TPS protections had been at all times meant to be short-term.
FED COURT OF APPEALS GRANTS TRUMP ADMIN PAUSE ON PROTECTIONS FOR 60K IMMIGRANTS
Monday’s court docket ruling could additional clear the trail for Trump’s immigration coverage. (Jose Luis Magana/AP Picture)
Legal professional Basic Pam Bondi praised the choice, saying it might enable the Trump administration to proceed its immigration insurance policies and deport sure immigrants.
“This can be a essential authorized win from @TheJusticeDept attorneys that helps clear the best way for President Trump’s continued deportations,” she mentioned.
“Because the court docket discovered, ‘the federal government is prone to prevail in its argument’ that ending Non permanent Protected Standing for some immigrants is sound and lawful coverage. We’re proud to symbolize the Trump Administration in court docket day by day.”
Noem’s ruling was beforehand challenged by the Nationwide TPS Alliance, who argued it was “arbitrary and capricious” and violated the Administrative Process Act.
On December 31, 2025, a San Francisco district court docket decide sided with the plaintiffs and canceled Secretary Noem’s termination order.
VENEZUELAN MIGRANTS, PROGRESSIVE GROUP SUE TRUMP ADMIN AFTER NOEM NIXES BIDEN-ERA ‘PROTECTED STATUS’
Legal professional Basic Pam Bondi celebrated the ruling Monday in a put up on social media, saying it is going to clear the best way for President Trump’s continued deportations (Tom Williams/CQ-Roll Name, Inc through Getty Photos)
The Ninth Circuit Courtroom of Appeals panel assigned to the case included Judges Hawkins, Callahan and Miller. Choose Hawkins was appointed by Invoice Clinton, Choose Callahan by George W. Bush and Choose Miller by President Donald Trump.
Whereas Judges Callahan and Miller seem to have authored the principle evaluation, Choose Hawkins wrote a separate concurring opinion. He agreed with the end result primarily based on current Supreme Courtroom steering, however mentioned he wouldn’t rule on the plaintiffs’ claims at this early stage.
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