KATHMANDU, Aug 21: A US federal appeals court on Wednesday sided with the Trump administration, allowing it to move forward with ending Temporary Protected Status (TPS) for migrants from Nepal along with those from Honduras and Nicaragua.
The lower court had previously maintained temporary protections for roughly 60,000 migrants, but the 9th US Circuit Court of Appeals in San Francisco granted an emergency stay pending appeal, AP reported.
The ruling affects about 7,000 Nepalis whose TPS expired on August 5. Nepalese citizens have been in the US since the devastating 2015 earthquake. TPS protections for 51,000 Hondurans and 3,000 Nicaraguans are set to expire on September 8, after which they become eligible for deportation. The case is led by the National TPS Alliance, which argues the Trump administration acted unlawfully in ending TPS without proper review of conditions in the migrants’ home countries.
US senators lobby for TPS extension of Nepali nationals
The Trump administration has so far ended the TPS for millions of people from countries including Venezuela, Haiti, Ukraine, Afghanistan and Cameroon.
TPS is granted by the Homeland Security secretary to prevent deportation and allow work permits when returning to a migrant’s home country is unsafe due to disasters, political instability, or other dangers. Secretary Kristi Noem ended the programs, citing improved conditions in the affected countries. Critics say the move targets immigrants who have lived in the U.S. for decades, raising families, starting businesses, and contributing to their communities.
US District Judge Trina L. Thompson, who had previously kept protections in place, argued the administration ended TPS without an objective review of conditions, such as political violence in Honduras and recent storms in Nicaragua. The next hearing is scheduled for November 18.
DHS Spokesperson Tricia McLaughlin defended the decision, saying TPS was never intended to function as a de facto asylum system. The Trump administration has already ended TPS for Venezuelans, Haitians, Ukrainians, and thousands from Afghanistan and Cameroon, with several cases currently pending in federal courts.
Honduras Deputy Foreign Minister Gerardo Torres called the appellate ruling “unfortunate” and said the government hopes to secure more time for affected migrants to seek legal alternatives. Lawyers for the plaintiffs argue that Noem’s actions were predetermined by President Trump’s campaign promises and motivated by racial bias, while government officials claim ongoing harm from the inability to implement the programs as intended.
The Trump administration’s move is part of a broader effort to carry out mass deportations of immigrants, highlighting growing tensions over US immigration policy.
