U.S. Citizenship and Immigration Services (USCIS) has announced that Temporary Protected Status (TPS) and associated work permits for Nepalis are no longer valid as of August 20, 2025. This change follows a legal decision that overturned a temporary reprieve, allowing the termination to take effect.
USCIS clarified, “Secretary of Homeland Security Kristi Noem terminated Temporary Protected Status for Nepal. On August 20, 2025, the Ninth Circuit court stayed the lower court’s order that had postponed the termination, allowing it to take effect. Accordingly, TPS benefits are no longer in effect as of August 20, 2025.”
The appeals court’s decision, issued by a three-judge panel, grants the government’s motion to end the protections while the appeal is pending. The ruling has left many Nepalis in the U.S. on TPS in a state of confusion, unsure of their legal status and work authorization. This is a particularly serious issue for those with pending green card petitions.
While the appeals court did allow the termination to proceed, it denied the government’s motion to stay proceedings in the district court, noting that the management of the docket is within the discretion of the lower court.
The lawsuit that originally sought to block the termination was filed by the National TPS Alliance and individual TPS holders. A lower court, in its July 31, 2025 decision, had granted a postponement of the TPS termination until November 18, 2025, while the case was being litigated. The court had found 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 noted that the TPS terminations were explicitly linked to President Trump’s “Invasion EO,” and cited statements by then-Secretary Noem that described immigration as an “invasion” and TPS as an “immigration scheme that makes Americans less safe.” The lower court also highlighted the potential for devastating consequences if the status were terminated, including loss of work authorization and health insurance for individuals with life-threatening health conditions, and family separation for U.S. citizens with special needs.
TPS is a humanitarian program for nationals of designated countries who cannot safely return home due to events like armed conflict or natural disasters. Nepal was first granted TPS on June 24, 2015, by then-DHS Secretary Jeh Johnson, following a catastrophic earthquake on April 25, 2015. This disaster justified 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 as many have transitioned to other immigration statuses, such as work visas or permanent residency. According to a December 2024 report, the number of approved TPS holders had fallen to 7,505.
This is not the first attempt to end the program. The Trump administration also sought to terminate TPS for Nepal and several other countries in 2017 and 2018. These efforts faced legal challenges, and an injunction kept the program in place for nearly five years. The Biden administration later reversed the Trump-era termination decisions, extending Nepal’s TPS until June 24, 2025. However, the current litigation and the recent appeals court ruling have now made the termination effective.
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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.
