A U.S. appeals court has granted the Trump administration the authority to end Temporary Protected Status (TPS) for nationals of Nepal, Honduras, and Nicaragua. The Ninth Circuit Court of Appeals issued an order on August 20 to stay a lower court’s ruling that had postponed the termination of TPS.
The order was issued by a three-judge panel consisting of Judges Hawkins, Callahan, and Miller. It specifically grants the government’s motion for a stay pending appeal. The district court’s July 31, 2025, order, which had granted the plaintiffs’ motion to postpone, is now stayed pending a further order from the appellate court. The court also cited the case of Nken v. Holder, 556 U.S. 418, 434 (2009) as a reference for the factors governing the issuance of a stay.
Additionally, the previously entered briefing schedule for the case has been suspended. The parties have been instructed to submit proposed new schedules within seven days of a decision being made in a related case, National TPS Alliance v. Noem, No. 25-2120.
However, the court denied the government’s motion to stay proceedings in the district court. The court’s order stated that the management of the docket is within the discretion of the district court. The court also noted that while the government has expressed its intent to move for the reassignment of the case to a different district judge, this possibility does not justify a stay of proceedings at this time.
“This is yet another huge legal victory for the Trump Administration, the rule of law, safety of the American public. Temporary Protected Status was always meant to be just that: Temporary,” said Assistant Secretary Tricia McLaughlin.“TPS was never meant to be a de facto asylum system, yet that is how previous administrations have used it for decades while allowing hundreds of thousands of foreigners into the country without proper vetting. This unanimous decision will help restore integrity to our immigration system to keep our homeland and its people safe.”
A federal court in the Northern District of California had granted a motion to postpone the termination of Temporary Protected Status (TPS) until November 18, 2025, for nationals of Nepal, Honduras, and Nicaragua on July 31, 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 lower court’s decision was based on a finding that the plaintiffs were likely to succeed on the merits of their claims and would suffer irreparable harm if the terminations proceeded. The court’s order had 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 had 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.
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.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
