Court stay hands Noem victory in push to end TPS protections for 3 countries

A federal appeals courtroom in San Francisco has granted a reprieve, permitting the federal government to maneuver ahead with ending Non permanent Protected Standing (TPS) for immigrants from Nepal, Honduras and Nicaragua.

The reliably liberal Ninth Circuit Courtroom of Appeals issued an order freezing a decrease courtroom ruling that might have overturned Secretary of Homeland Safety (DHS) Kristi Noem’s resolution to finish the protections.

The courtroom discovered that the federal government was more likely to succeed on the idea that DHS’s resolution was not “arbitrary or capricious,” indicating that the decision-making course of was rational.

“The administration is more likely to prevail in its argument that the Secretary’s decision-making course of in terminating TPS for Honduras, Nicaragua and Nepal was not arbitrary and capricious,” based on courtroom paperwork.

Secretary of Homeland Safety Kristi Noem speaks at a information convention in New York Metropolis, January 8, 2026. (David ‘Dee’ Delgado/Reuters)

Final yr, Noem tried to finish refugee standing for the three long-protected nations, arguing that the federal government below TPS ought to verify whether or not the unique causes for his or her safety nonetheless apply.

Nepal, Honduras and Nicaragua all initially obtained TPS safety resulting from particular environmental disasters. Nepal was designated in 2015 after a large earthquake, whereas Honduras and Nicaragua got safety after Hurricane Mitch in 1999.

Noem’s chief spokeswoman, Assistant Secretary Tricia McLaughlin, beforehand famous final August that TPS protections have been all the time meant to be non permanent.

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Monday’s courtroom ruling may pave the way in which for Trump’s immigration insurance policies. (Jose Luis Magana/AP Photograph)

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Legal professional Basic Pam Bondi praised the choice, saying it will permit the Trump administration to proceed its immigration insurance policies and deport sure immigrants.

“It is a crucial authorized victory for @TheJusticeDept legal professionals who’re serving to pave the way in which for President Trump’s continued deportations,” she stated.

“Because the courtroom dominated, the administration is more likely to prevail in its argument that ending non permanent protected standing for some immigrants is a sound and lawful coverage. We’re proud to symbolize the Trump administration in courtroom on daily basis.”

Noem’s ruling was beforehand challenged by the Nationwide TPS Alliance, which claimed the ruling was “arbitrary and capricious” and violated the Administrative Process Act.

On December 31, 2025, a San Francisco District Courtroom choose sided with the plaintiffs and canceled Secretary Noem’s dismissal order.

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Legal professional Basic Pam Bondi celebrated the ruling in a social media submit Monday, saying it would pave the way in which for President Trump’s continued deportations. (Tom Williams/CQ-Roll Name, Inc by way of Getty Photographs)

The Ninth Circuit Courtroom of Appeals panel assigned to the case consisted of Judges Hawkins, Callahan and Miller. Decide Hawkins was appointed by Invoice Clinton, Decide Callahan by George W. Bush and Decide Miller by President Donald Trump.

Whereas Judges Callahan and Miller seem to have written the principle evaluation, Decide Hawkins wrote a separate concurring opinion. He agreed with the end result based mostly on latest Supreme Courtroom steering, however stated he wouldn’t rule on the plaintiffs’ claims at this early stage.

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