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9th Circuit Lets Administration Move Forward With Ending TPS for Honduras, Nepal and Nicaragua

A three-judge panel stayed a lower-court block after finding the government likely to prevail on appeal.

Migrants from Nicaragua, Ecuador and other nationalities are pictured at a door on the border wall waiting to be picked up by the United States Border Patrol in El Paso, Texas, U.S., January 4, 2023. REUTERS/Paul Ratje
UNITED STATES - MAY 1: Demonstrators from CASA, SEIU and other organizations, rally in Lafayette Park to demand "Temporary Protected Status for Nicaragua, Honduras, Guatemala, and El Salvador on International Workers Day," on Monday, May 1, 2023. (Tom Williams/CQ Roll Call via AP Images)
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Supervior Chyanne Chen, second from left to right, Supervisor Shamann Walton, Supervisor Jackie Fielder and Supervisor Bilal Mahmood stand behind a “Save TPS” banner during a rally in front of City Hall on Sept. 2, 2025, in San Francisco. 

Overview

  • Monday’s order temporarily lifts U.S. District Judge Trina Thompson’s December injunction that had faulted DHS’s process and flagged possible discriminatory motive.
  • The panel said the terminations may be unreviewable and, in any event, were likely not arbitrary or capricious, with judges pointing to recent Supreme Court stay orders in related TPS disputes.
  • The ruling allows DHS to proceed with ending protections for affected nationals as the appeal continues, with estimates ranging from about 60,000 to nearly 89,000 people.
  • TPS for Haiti remains in effect under a Feb. 2 stay issued by Judge Ana C. Reyes in Washington, preserving protections there while that case proceeds.
  • USCIS has posted litigation-driven alerts extending work authorization for certain TPS holders without new end dates, and federal lawyers are expected to seek expedited review in the ongoing cases.