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

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 Ninth Circuit Court of Appeals issued a freezing order on a lower court decision that would have struck down Department of Homeland Security (DHS) Secretary Kristi Noem’s decision to end the protections.

The court held that the government was likely to succeed on the grounds that the DHS decision was not “arbitrary or capricious,” suggesting that the decision-making process was rational.

“The government will likely prevail on the Secretary’s argument that the decision-making process to end TPS for Honduras, Nicaragua, and Nepal was not arbitrary and capricious,” the court documents said.

Last year, Noem sought to end the refugee status of three long-protected countries, arguing that under the TPS the government should check whether the original reasons for protecting these countries were still valid.

Nepal, Honduras, and Nicaragua had all originally received TPS protection for certain environmental disasters. While Nepal was taken under protection after the major earthquake in 2015, Honduras and Nicaragua were taken under protection after Hurricane Mitch in 1999.

Noem’s chief spokeswoman, Deputy Secretary Tricia McLaughlin, previously stated last August that TPS protections were always intended to be temporary.

FED COURT OF APPEALS GIVES A PAUSE TO TRUMP ADMIN ON PROTECTIONS FOR 60K IMMIGRANTS

Monday’s court decision could further pave the way for Trump’s immigration policy. (Jose Luis Magana/AP Photo)

Attorney General Pam Bondi praised the decision, saying it would allow the Trump administration to continue its immigration policies and deport some immigrants.

“This is a very important legal win for @TheJusticeDept.” “Lawyers who helped pave the way for President Trump’s ongoing deportation proceedings,” he said.

“As the court found, ‘the government will likely win its case’ 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.”

Noem’s decision was previously challenged by the National TPS Alliance, arguing that the decision 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.

VENEZUELAN IMMIGRANTS SUE TRUMP ADMINISTRATOR AFTER PROGRESSIVE GROUP NOEM NIX’S BIDEN ERA ‘PROTECTION SITUATION’

Attorney General Pam Bondi celebrated the decision in a social media post on Monday, saying it would pave the way for President Trump to proceed with deportation. (Tom Williams/CQ-Roll Call, Inc. via Getty Images)

The Ninth Circuit Court of Appeals panel assigned to the case included Judges Hawkins, Callahan and Miller. Judge Hawkins, Bill Clinton, Judge Callahan, George W. Bush, and Judge Miller were appointed by President Donald Trump.

Although Judges Callahan and Miller appear to have written the main analysis, Judge Hawkins wrote a separate concurring opinion. He agreed with the conclusion based on the Supreme Court’s latest guidance but said he would not rule on the plaintiffs’ claims at this early stage.

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