In a decision that could reshape the lives of tens of thousands, a federal appeals court has granted the Trump administration permission to move forward with ending deportation protections for migrants from Honduras, Nicaragua, and Nepal—nations whose citizens have long relied on Temporary Protected Status (TPS) to live and work legally in the United States. The ruling, handed down by the 9th U.S. Circuit Court of Appeals in San Francisco on August 20, 2025, marks a pivotal moment in the ongoing legal and political battle over the future of TPS, a humanitarian program established under the Immigration Act of 1990.
TPS was created to offer a lifeline to foreign nationals from countries ravaged by war, natural disasters, or other extraordinary circumstances, allowing them to remain in the U.S. while their homelands recover. Over the years, its scope has expanded to cover a broad array of crises, from earthquakes in Nepal to hurricanes in Central America, and more recently, conflicts in places like Venezuela, Haiti, and Ukraine. But the program has also become a lightning rod for debate, with critics arguing that its protections, intended to be temporary, have effectively become permanent for many.
The latest legal drama began in late July, when U.S. District Judge Trina L. Thompson issued an order blocking the Trump administration's efforts to terminate TPS for Honduras, Nicaragua, and Nepal. Judge Thompson, appointed by President Joe Biden, argued that the administration had failed to conduct an "objective review of the country conditions," including the ongoing political violence in Honduras and the devastating impact of recent hurricanes in Nicaragua. In her sharply worded ruling, Thompson accused the administration of allowing racial animus to influence its immigration policies, writing, "The freedom to live fearlessly, the opportunity of liberty, and the American dream. That is all Plaintiffs seek. Instead, they are told to atone for their race, leave because of their names, and purify their blood. The Court disagrees."
But on August 20, a three-judge panel of the 9th Circuit—composed of appointees from both Democratic and Republican presidents—unanimously granted the Trump administration's emergency request to stay Judge Thompson's order. The ruling, which offered no written opinion, means that the administration can now proceed with terminating TPS protections for roughly 60,000 migrants from the three countries as the legal battle continues. The court's decision was hailed by Trump administration officials as a major victory. "This is yet another huge legal victory for the Trump Administration, the rule of law, and the safety of the American public. Temporary Protected Status was always meant to be just that: Temporary," said Tricia McLaughlin, assistant secretary at the Department of Homeland Security (DHS), in a statement quoted by the Associated Press and Daily Caller News Foundation.
For the estimated 7,000 Nepalis whose TPS expired on August 5, 2025, and the 51,000 Hondurans and 3,000 Nicaraguans whose protections are set to lapse on September 8, the ruling brings a wave of uncertainty. Many have lived in the U.S. for years—some even decades—raising families, starting businesses, and contributing to their communities. Hondurans and Nicaraguans, for example, have benefited from TPS since 1999, after Hurricane Mitch devastated their home countries. Nepal was added to the list following a catastrophic earthquake in 2015, as reported by AP and Daily Caller News Foundation.
The Trump administration, under the leadership of DHS Secretary Kristi Noem, has aggressively sought to roll back TPS designations, arguing that the program has strayed far from its original intent. "TPS was never meant to be a de facto asylum system, yet that is how previous administrations have used it for decades while allowing hundreds of thousands of foreigners into the country without proper vetting," McLaughlin stated. The administration has already terminated TPS protections for about 350,000 Venezuelans, 500,000 Haitians, more than 160,000 Ukrainians, and thousands from Afghanistan and Cameroon—a move that has sparked a flurry of lawsuits and court challenges across the country.
Immigrant rights advocates and attorneys for TPS holders have pushed back hard, arguing that the administration's actions are not only unlawful but also motivated by discriminatory intent. The National TPS Alliance, the lead plaintiff in the lawsuit, contends that the administration's decisions were predetermined by President Donald Trump's campaign promises and rooted in racial animus. Jessica Bansal, an attorney at the National Day Laborer Organization, told the Associated Press, "The Trump administration is systematically de-documenting immigrants who have lived lawfully in this country for decades, raising U.S.-citizen children, starting businesses, and contributing to their communities." Emi MacLean, attorney at the ACLU Foundation of Northern California, echoed these concerns, calling the ruling "a devastating setback, but it is not the end of this fight. Humanitarian protection–TPS–means something and cannot be decimated so easily."
Judge Thompson's ruling, now put on hold, cited the administration's failure to provide evidence that long-term TPS holders posed a national security risk, despite repeated assertions by DHS that their presence was a concern. The judge also referenced inflammatory language used during the Trump campaign and by DHS officials, noting, "Indeed, code words may demonstrate discriminatory intent. Color is neither a poison nor a crime." In response, DHS criticized Thompson as a "woke judge" and likened her opinion to a "New York Times opinion piece," underscoring the deep divisions over the issue.
For many affected migrants, the stakes could not be higher. Without TPS, they face the prospect of immediate deportation to countries still grappling with instability, violence, and natural disasters. Honduras Deputy Foreign Minister Gerardo Torres expressed disappointment with the appeals court's decision, telling AP, "We’re going to wait to see what the National TPS Alliance decides, it’s possible the case could be elevated to the United States Supreme Court, but we have to wait." Torres also voiced hope that Hondurans with TPS might at least gain more time to seek alternative legal pathways to remain in the U.S.
The debate over TPS is far from over. The next hearing in the case is scheduled for November 18, 2025, giving both sides a chance to argue their positions in greater depth. Meanwhile, similar legal battles are playing out across the country, including a high-profile case involving Haitian TPS holders who have asked a federal court in New York to halt the termination of their status due to the dire conditions in Haiti. Their attorneys warned, "If the termination stands, people will almost certainly die. Some will likely be killed, others will likely die from disease, and yet others will likely starve to death. Loss of TPS will expose them to immediate deportation to a lawless country where they will be at constant risk of rape, kidnapping, and murder while lacking access to sufficient food, housing and medical care."
As the legal and political battles continue, the fate of tens of thousands hangs in the balance. For now, the court's decision stands, and the Trump administration's campaign to overhaul TPS proceeds—leaving affected families and communities anxiously awaiting the next chapter in this deeply contentious saga.
