New York City Takes Action in Legal Fight to Protect TPS for Nepali, Honduran, and Nicaraguan Immigrants

New York City has joined a coalition of 13 local governments across the United States in filing an amicus brief in support of the plaintiffs in National TPS Alliance v. Noem. The brief, submitted to the U.S. District Court for the Northern District of California, opposes the U.S. Department of Homeland Security’s (DHS) decision to terminate Temporary Protected Status (TPS) for approximately 60,000 immigrants from Honduras, Nepal, and Nicaragua.

The DHS’s proposed termination of TPS would affect over 7,200 Nepali immigrants who have resided and worked in the U.S. for a decade since the 2015 earthquake in their home country. Additionally, TPS for 51,000 Hondurans and 2,900 Nicaraguans is also slated for revocation.

These individuals were initially granted TPS in 1999 following the widespread devastation caused by Hurricane Mitch. In total, over 60,000 people stand to lose their legal status and their ability to contribute to the economic well-being of their communities. The amicus brief specifically seeks to delay the implementation of these terminations, which are scheduled to take effect for Nepal on August 5, 2025, and for Honduras and Nicaragua on September 8, 2025.

Mayor Eric Adams underscored the critical role of TPS as a “crucial tool” that enables asylum seekers and migrants to contribute lawfully to society. He highlighted the Adams administration’s proactive management of the ongoing humanitarian crisis, which has seen over 237,000 asylum seekers and migrants arrive in New York City. The city has actively assisted more than 111,000 individuals in applying for work authorization, asylum, and TPS, demonstrating a strong commitment to dignity and respect for new arrivals.

Muriel Goode-Trufant, New York City Corporation Counsel, further emphasized that ending TPS would “sow chaos among thousands of families and undermine the safety and economic well-being of the broader community.” Similarly, Mayor’s Office of Immigrant Affairs Commissioner Manuel Castro stated that revoking TPS would “devastate tens of thousands of New Yorkers” and “destabilize our city.”

The amicus brief, submitted to the U.S. District Court for the Northern District of California, presents several compelling arguments against ending TPS. It contends that the termination would cause significant economic harm, as TPS holders are vital to local economies with high labor force participation rates.

It also raises public safety concerns, suggesting that ending TPS could erode trust in law enforcement, forcing immigrant communities into the shadows and making them less likely to report crimes. Furthermore, the brief highlights the severe consequences of family separation, noting that over 260,000 U.S. citizen children live with TPS holders, and ending the program could lead to lasting psychological harm for these children.

The brief also argues that the loss of legal status would lead to a loss of health insurance for TPS holders, resulting in more emergency room visits and increased reliance on public health systems, thereby escalating costs for local governments.

A federal court hearing is scheduled for Tuesday, July 29, 2025, at 2:00 PM EDT, in the case 3:25-cv-05687-TLT — National TPS Alliance et al. v. Noem et al. The hearing, concerning a Motion for Miscellaneous Relief in a lawsuit challenging the U.S. Department of Homeland Security’s (DHS) decision to terminate Temporary Protected Status (TPS) for individuals from Nepal, Honduras, and Nicaragua, will be held before Judge Trina L. Thompson in Courtroom 9, 19th Floor. Judge Thompson was nominated by President Joe Biden in November 2021 and confirmed in May 2022.

The National TPS Alliance (NTPSA) and seven individual plaintiffs filed the lawsuit on July 7, 2025, against the Trump administration. The suit contests the DHS decision to end TPS for nationals of Honduras, Nepal, and Nicaragua. These terminations affect approximately 60,000 TPS holders. Many of these individuals have resided in the U.S. for extended periods: up to 26 years for those from Honduras and Nicaragua, and 10 years for those from Nepal. The termination announcements were made on July 8, 2025, for Honduras and Nicaragua (following the expiration of prior TPS extensions), and on June 6, 2025, for Nepal.

The lawsuit alleges violations of the Administrative Procedure Act (APA), constitutional breaches due to racial animus, and the failure to provide an adequate transition period. Under these decisions, Honduran and Nicaraguan TPS holders face losing their legal status and work authorization within 60 days, while Nepali TPS holders face the same by August 5, 2025.

Among the plaintiffs are Jhony Silva, a Honduran TPS holder who arrived in the U.S. at age three and works as a hospital caregiver; S.K., a 33-year-old Nepali TPS holder living in San Francisco, engaged to a U.S. citizen and working in theater; and Sandhya Lama, a 43-year-old Nepali TPS holder in Virginia and the sole provider for her three U.S. citizen children, one of whom requires specialized medical treatment.

The lawsuit argues that the terminations stem from a predetermined political agenda to dismantle TPS and disregarded statutory obligations to assess country conditions in Honduras, Nepal, and Nicaragua, where ongoing crises allegedly render return unsafe. It also claims the administration’s refusal to grant an “orderly transition” period of at least six months—a standard practice for TPS terminations involving countries designated for three years or more—exacerbates the hardship for TPS holders. Ahilan Arulanantham, co-director of the UCLA Center for Immigration Law & Policy, commented on the difficult situation faced by TPS holders.

The NTPSA, representing 320,000 members, has stated its commitment to pursuing legal and advocacy efforts for permanent residency. Legal representation for the plaintiffs includes the National Day Laborer Organizing Network, ACLU Foundations of Northern and Southern California, UCLA’s Center for Immigration Law and Policy, and the Haitian Bridge Alliance. Attorneys Emi MacLean of the ACLU Foundation of Northern California and Jessica Bansal of the National Day Laborer Organizing Network have also commented on the case.

On Friday, July 25, 2025, the County of Los Angeles filed an administrative motion seeking to submit a brief from 12 local governments supporting the plaintiffs’ motion to postpone the effective date of the agency action. Also on July 25, Judge Trina L. Thompson issued an order outlining specific questions for the upcoming hearing. On Thursday, July 24, she granted several states leave to file an amicus curiae brief in support of the plaintiffs, while denying a similar motion from the Immigration Reform Law Institute (IRLI).

Further updates include the granting of a Pro Hac Vice motion on Monday, July 21, allowing Cleland B. Welton II to appear for the State of California. Shelby Wade also filed a notice of appearance for the defendants, including the U.S. Department of Homeland Security and Kristi Noem, on July 21.

On Friday, July 18, the plaintiffs submitted their reply to the defendants’ opposition to the motion to postpone, accompanied by a declaration and nine exhibits from Jessica Karp Bansal. The State of California also filed its own motion on July 18 for leave to file an amicus curiae brief supporting the plaintiffs’ efforts to postpone the effective date of the TPS termination. On the same day, fifteen state Attorneys General, including New York Attorney General Letitia James and Massachusetts Attorney General Andrea Joy Campbell, filed an amicus brief in the case to defend TPS for immigrants from Honduras, Nepal, and Nicaragua.