Appeals Court Clears Path to End TPS for Three Countries

A major immigration fight shifted back in the federal government’s favor after a San Francisco-based appeals court stepped in to halt a lower court ruling that had blocked the termination of Temporary Protected Status…

Andrew PowellFeb 10, 20263 min read

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Temporary Protected Status grants legal presence and work authorization to immigrants from countries experiencing extraordinary conditions such as war or natural disasters. Nepal was designated for TPS in 2015 following a devastating earthquake, while Honduras and Nicaragua were granted protections in 1999 after Hurricane Mitch.

Last year, Noem announced plans to end TPS for the three countries, arguing that the law requires periodic reviews to determine whether the original justifications for protection still exist.

Her office has repeatedly emphasized that TPS was never meant to be permanent. Assistant Secretary Tricia McLaughlin said previously that the program is intended to provide temporary relief, not indefinite status.

The termination decision was challenged by the National TPS Alliance, which argued that Noem’s action violated the Administrative Procedure Act and was “arbitrary and capricious.”

Those arguments initially persuaded a San Francisco district court judge, who ruled in favor of the plaintiffs on Dec. 31, 2025, blocking the termination order. That ruling is now on hold.

Attorney General Pam Bondi welcomed the appeals court decision, framing it as a broader victory for the Trump administration’s immigration agenda.

“This is a crucial legal win from @TheJusticeDept attorneys that helps clear the way for President Donald Trump’s continued Deportations,” Bondi said. “As the court found, ‘the government is likely to prevail in its argument’ that ending Temporary protected status for some immigrants is sound and lawful policy. We are proud to represent the Trump Administration in court every day.”

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The three-judge panel included Judges Michael Hawkins, Consuelo Callahan and Lawrence VanDyke Miller. Hawkins was appointed by President Bill Clinton, Callahan by President George W. Bush and Miller by President Donald Trump.

While Judges Callahan and Miller appeared to join the main analysis, Hawkins wrote a separate concurring opinion. He agreed with granting the stay based on recent Supreme Court guidance but said he would not decide the plaintiffs’ underlying claims at this early stage of the case.

The legal battle is expected to continue as the case moves forward.