Federal Court Postpones Termination of TPS for Nepal, Honduras, and Nicaragua

A federal court in the Northern District of California has granted a motion to postpone the termination of Temporary Protected Status (TPS) for nationals of Nepal, Honduras, and Nicaragua. The ruling, issued on July 31, 2025, preserves the status quo until at least a hearing on the merits scheduled for November 18, 2025.

The lawsuit was filed by the National TPS Alliance and several individual TPS holders against Secretary of Homeland Security Kristi Noem, the Department of Homeland Security (DHS), and the United States of America. The plaintiffs alleged that the administration’s termination of TPS violated the Administrative Procedure Act and the Fifth Amendment.

The court’s decision was based on a finding that the plaintiffs are likely to succeed on the merits of their claims and would suffer irreparable harm if the terminations proceeded. The court’s order noted that the TPS terminations were explicitly linked to President Trump’s “Invasion EO”. The court cited statements by Secretary Noem that described immigration as an “invasion” and TPS as an “immigration scheme[] that make[s] Americans less safe”. These statements were a factor in the court’s finding of likely racial animus behind the terminations.

The court also highlighted the personal stories of individual TPS holders, noting the potential for devastating consequences if their status were terminated. These harms include the loss of work authorization and health insurance, which would be life-threatening for individuals with conditions like heart disease or diabetes. The document also detailed how families, including those with U.S. citizen children with special needs, would face separation or a loss of critical support services.

In June, the Department of Homeland Security (DHS) had announced the termination of Temporary Protected Status (TPS) for Nepal, affecting approximately 7,500 Nepali immigrants in the United States.  

TPS is a humanitarian program that allows nationals of designated countries to live and work legally in the U.S. when returning to their home country is unsafe due to conditions like armed conflict, natural disasters, or other extraordinary circumstances. Nepal was granted TPS on June 24, 2015, by then-DHS Secretary Jeh Johnson, following a catastrophic earthquake on April 25, 2015, which caused significant loss of life and infrastructure damage. The disaster left Nepal temporarily unable to safely manage the return of its citizens, justifying TPS for approximately 15,000 Nepalis in the U.S. at the time.

Over the years, the number of Nepali TPS beneficiaries has decreased significantly. By March 2023, the figure stood at 8,525, dropping to 8,100 by September 2023. By March 2024, it further declined to 7,875, and the most recent report from December 2024 indicates 7,505 approved TPS holders. This reduction reflects many Nepalis transitioning to other immigration statuses, such as work visas or permanent residency, or leaving the program voluntarily.

The termination of Nepal’s TPS is not the first attempt to end the program. In 2017 and 2018, the Trump administration sought to terminate TPS for Nepal, El Salvador, Haiti, Honduras, Nicaragua, and Sudan. These efforts faced legal challenges, notably in the Ramos v. Nielsen case, where TPS beneficiaries, including Nepali plaintiffs Keshav Bhattarai and Sajjan Pandey, secured a preliminary injunction in 2018. This injunction preserved TPS for affected countries for nearly five years. The advocacy group Adhikaar played a pivotal role in supporting the case.

In 2023, the Ninth Circuit Court of Appeals overturned the injunction, paving the way for potential terminations. However, the Biden administration later reversed the Trump-era termination decisions, extending Nepal’s TPS until June 24, 2025, and fulfilling the plaintiffs’ demands. On December 28, 2023, a federal district court dismissed the Ramos case, deeming it moot after the Biden administration’s extensions.