The Ninth Circuit Court of Appeals has issued an order allowing the U.S. government to proceed, for now, with its decision to terminate Temporary Protected Status (TPS) for immigrants from Nepal, Honduras, and Nicaragua.
The three‑judge panel’s ruling effectively pauses a December 31, 2025, decision by a federal district court in San Francisco. On that date, U.S. District Judge Trina L. Thompson had partially ruled for the plaintiffs, holding that the Department of Homeland Security’s (DHS) TPS termination decisions violated the Administrative Procedure Act and entering a judgment to vacate those terminations.
The district court concluded that the agency failed to properly consult with the State Department and did not reasonably explain its departure from prior humanitarian assessments. That initial decision temporarily blocked DHS from carrying out the terminations, keeping TPS protections and work authorizations in place while the case proceeded.
The government quickly appealed and asked the Ninth Circuit to stay—or pause—the vacatur order, warning of “irreparable harm” if it could not move forward with its preferred immigration policy. The appellate panel—Judges Hawkins, Callahan, and Miller—sided with the administration and granted the request for a stay pending appeal. This means the lower court’s judgment blocking the terminations will not take effect while the litigation continues.
As a result, the termination dates set by DHS again govern the TPS programs for the three countries, reviving uncertainty for thousands of Nepali, Honduran, and Nicaraguan TPS holders and their families. Because the district court’s protection has been stayed, the TPS designations revert to the termination dates set in DHS’s 2025 notices, unless another court intervenes.
Under this ruling, Nepal’s TPS designation is treated as having expired as of August 20, 2025, while TPS for Honduras and Nicaragua is slated to lapse on September 8, 2025, absent further judicial action. Consequently, many TPS holders from these countries face the loss of legal status and work authorization, potentially becoming subject to removal proceedings.
Secretary Kristi Noem welcomed the ruling in a sharply worded statement, calling it “a win for the rule of law and vindication for the U.S. Constitution.” She argued that “under the previous administration, Temporary Protected Status was abused to allow violent terrorists, criminals, and national security threats into our nation.”
According to Noem, “TPS was never designed to be permanent, yet previous administrations have used it as a de facto amnesty program for decades.” She added, “Given the improved situation in each of these countries, we are wisely concluding what was intended to be a temporary designation.”
The underlying lawsuit, brought by the National TPS Alliance and individual TPS recipients, claims that the 2025 terminations for Nepal, Honduras, and Nicaragua are unlawful and procedurally flawed, and asks the courts to reinstate protections.
In 2025, DHS issued Federal Register notices terminating TPS for all three countries: Nepal effective August 20, 2025, and Honduras and Nicaragua effective September 8, 2025. TPS holders and advocacy groups sued, arguing the terminations were politically driven rather than based on a fair assessment of current conditions.
Nepal was first designated for TPS in 2015 after a devastating earthquake, while Honduras and Nicaragua received the designation in 1999 following Hurricane Mitch. TPS provides work authorization and protection from removal to nationals who cannot safely return home due to armed conflict, natural disasters, or other extraordinary and temporary conditions.
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.
