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A federal appeals court in San Francisco granted a stay, allowing the government to proceed with ending Temporary Protected Status (TPS) for immigrants from Nepal, Honduras and Nicaragua.
The reliably liberal 9th Circuit Court of Appeals issues an order freezing a lower court ruling that would have vacated the Justice Department homeland security (Department of Homeland Security) Secretary Kristi Noem decided to end the protections.
The court found that the government was likely to prevail because DHS’s decision was not “arbitrary or capricious,” suggesting that the decision-making process was rational.
“The government’s argument is likely to prevail that the Secretary’s decision-making process to terminate TPS for Honduras, Nicaragua, and Nepal was not arbitrary and capricious,” the court filing said.
Homeland Security Secretary Kristi Noem speaks during a press conference in New York City on January 8, 2026. (David Di Delgado/Reuters)
Last year, Noem sought to end refugee status from the three long-protected countries, arguing that under TPS the government must examine whether the original grounds for protection still apply.
Nepal, Honduras, and Nicaragua all initially received TPS protection for specified environmental disasters. Nepal received protection designation after a major earthquake in 2015, while Honduras and Nicaragua received protection after Hurricane Mitch in 1999.
Noem’s chief spokesperson, Assistant Secretary of State Tricia McLaughlin, previously noted last August that TPS protections are always temporary.
Monday’s court ruling could further clear the way for Trump’s immigration policies. (Jose Luis Magana/AP Photo)
minister of justice Pam Bundy praised the decision, saying it would allow the Trump administration to continue its immigration policies and deport certain immigrants.
“This is an important legal victory for @TheJusticeDept Lawyers helped clear the way for President Trump’s continued deportations,” she said.
“As the court found, ‘the administration’s argument is likely to prevail’ that ending Temporary Protected Status for certain immigrants is sound and lawful policy. We are proud to represent the Trump Administration in court every day.”
Noem’s ruling was previously challenged by the National TPS Alliance, which argued it was “arbitrary and capricious” and violated the Administrative Procedure Act.
On December 31, 2025, a San Francisco District Court judge sided with the plaintiffs and vacated Secretary Noem’s termination order.
Attorney General Pam Bondi celebrated the ruling in a social media post on Monday, saying it would clear the way for President Trump to proceed with deportations (Tom Williams/CQ-Roll Call, Inc via Getty Images)
The Ninth Circuit Court of Appeals judges overseeing the case include Judges Hawkins, Callahan and Miller. Judge Hawkins was appointed by Bill Clinton, Judge Callahan was appointed by George W. Bush, and Judge Miller was appointed by George W. Bush. president donald trump.
While Justices Callahan and Miller appear to have written the primary analysis, Justice Hawkins wrote a separate concurring opinion. He agreed with the outcome based on the Supreme Court’s recent guidance but said he would not rule on the plaintiffs’ claims at this early stage.
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