Federal Appeals Court Reverses Decision to Block Termination of TPS for Migrants

A three-judge panel from the 9th U.S. Circuit Court of Appeals has unanimously ruled in favor of the federal government, allowing the termination of Temporary Protected Status (TPS) for over 60,000 migrants from Honduras, Nicaragua, and Nepal. The court’s decision overturns a previous order that had halted the administration’s effort to revoke these protections.

The court granted the government’s request to stay a lower court’s injunction, which had prevented the removal and loss of work permits for these migrants. The ruling came without a detailed explanation. This decision clears the way for the administration to proceed with revoking TPS for individuals from these countries, whose protections had been due to expire this year. Nepalese migrants’ protections were set to end on August 5, with Honduran and Nicaraguan migrants facing removal in September.

Historically, TPS was granted to Hondurans and Nicaraguans following Hurricane Mitch in 1998, which caused nearly 7,300 deaths and prompted humanitarian aid responses, including work permits. Nepal was added to the program in June 2015 after a devastating 7.8 magnitude earthquake struck the country.

Earlier this year, Homeland Security Secretary Kristi Noem announced that TPS for these groups would conclude, offering migrants a plane ticket and a $1,000 “exit bonus” if they chose to self-deport. She emphasized that TPS was a temporary measure, asserting the countries had since recovered from their natural disasters.

The legal battles surrounding TPS have been contentious, with some judges criticizing policies perceived to be racially motivated. A notable prior ruling compared the administration’s immigration policies to historical injustices, including the trans-Atlantic slave trade.