The U.S. Court of Appeals for the Ninth Circuit, in a significant legal maneuver on Monday evening, has granted the Trump administration the authority to proceed with its plans to end Temporary Protected Status (TPS) for nationals from Honduras, Nepal, and Nicaragua. This decision temporarily suspends a lower court's ruling which had previously halted the terminations.
TPS, established by Congress in 1990, was designed as a humanitarian relief program permitting foreign nationals from countries afflicted by conflicts, natural disasters, or other extraordinary circumstances to reside and work in the United States without the threat of deportation. Initially, Honduras and Nicaragua were designated under TPS following Hurricane Mitch in the late 1990s, and Nepal was added to the list after a devastating earthquake in 2015.
The Ninth Circuit's emergency order halts the December ruling from U.S. District Judge Trina Thompson that had deemed the terminations invalid, citing a failure by the administration to consider current conditions in the countries in question. Judge Thompson's opinion also alluded to possible racial prejudice, referencing statements made by Trump administration officials.
The three-judge panel from the Ninth Circuit, consisting of Judges Stephen Hawkins, Consuelo Callahan, and Lawrence Miller, reversed this decision, indicating that the Trump administration is likely to succeed on appeal. They asserted that Homeland Security Secretary Kristi Noem's decision to end the protections was lawful under federal administrative standards and not arbitrary or capricious under the Administrative Procedure Act.
The move aligns with President Trump's second-term immigration policy, which emphasizes bolstering executive authority, expediting deportations, and restricting the breadth of immigration programs that have been extended beyond their original intent. The Department of Homeland Security has consistently reiterated that TPS was never meant to be a long-term or permanent immigration solution.
Roughly 60,000 individuals from the three countries are currently beneficiaries under TPS. In July, Noem made a move to terminate these protections, arguing that the conditions that justified their initial designations no longer existed. This decision, according to Noem, underscored the constitutional limits and corrected the misuse of TPS by previous administrations as a "de facto amnesty program."
Attorney General Pam Bondi praised the Ninth Circuit's decision, labeling it a significant victory for the administration's immigration enforcement efforts. In a tweet, Bondi highlighted the court's conclusion that the government is likely to prevail in its argument that ending TPS for some immigrants is a sound and lawful policy.
The ruling is not the final say on the matter, as the broader legal challenge against the termination of TPS continues. However, it allows the administration to advance with its agenda while the case is being litigated. Secretary Noem lauded the decision as a win for the rule of law and a vindication for the U.S. Constitution, using social media to express her stance.
The exact impact of the decision on the individuals currently under TPS is yet to be fully determined. However, it marks a pivotal point in the ongoing debate over the balance between humanitarian protection and immigration enforcement.
