9th Circuit Court Permits DHS to Terminate Temporary Protected Status for 60,000 Foreign Nationals

What's happening

The 9th Circuit Court of Appeals issued a ruling on Monday that allows the Department of Homeland Security (DHS) to move forward with ending Temporary Protected Status (TPS) for nearly 60,000 foreign nationals residing in the United States. This decision clears the way for the Trump administration’s plan to revoke TPS protections for approximately 50,000 Hondurans, 3,000 Nicaraguans, and 7,000 Nepalis. The ruling came after a legal challenge that sought to block the termination of TPS for these groups, which has been a subject of intense debate.

Temporary Protected Status is a humanitarian program designed to provide temporary relief from deportation and work authorization to individuals from countries experiencing conditions that make safe return impossible. These conditions typically include natural disasters, armed conflict, or other extraordinary circumstances. TPS was established to protect vulnerable populations during crises, but the program’s continuation depends on periodic reviews of the conditions in the designated countries. The Trump administration has argued that conditions in Honduras, Nicaragua, and Nepal have improved sufficiently to justify ending TPS for their nationals.

The legal dispute began when a federal district court judge vacated the DHS Secretary’s decision to terminate TPS for these countries, ruling that the agency had not followed proper procedures under the Administrative Procedures Act (APA). The plaintiffs contended that the termination was arbitrary and capricious and that the government failed to adequately consider current conditions in the countries. However, the 9th Circuit panel, composed of Judges Eric Miller, Consuelo Callahan, and Michael Hawkins, disagreed with the lower court’s assessment and granted a stay on the previous ruling, allowing DHS to proceed with ending TPS.

In their unanimous decision, the appellate judges emphasized that the termination of TPS is an action explicitly authorized by statute and that the Secretary of Homeland Security had followed the necessary procedures. The court found that the government had provided a sufficient administrative record to justify the decision and had consulted with relevant agencies. Judge Hawkins wrote a concurring opinion agreeing with the outcome but declined to address the merits of the APA claims at this stage. This ruling aligns with previous decisions by the U.S. Supreme Court, which have allowed the Trump administration to pause lower court injunctions related to TPS.

What's at stake

The ruling has significant implications for the nearly 60,000 foreign nationals currently protected under TPS from Honduras, Nicaragua, and Nepal. Many of these individuals have lived in the United States for years, building families and communities. Critics of the decision warn that ending TPS could force these individuals to return to countries where conditions remain unsafe or unstable, potentially exposing them to harm. Advocates argue that the government should carefully assess ongoing risks in these countries before revoking protections.

Supporters of the decision maintain that TPS is intended as a temporary measure and that the government must have the flexibility to respond to changing circumstances in foreign countries. They contend that maintaining TPS indefinitely undermines the program’s purpose and that the government has a responsibility to ensure it is applied appropriately. The ruling reflects ongoing tensions in immigration policy debates, balancing humanitarian concerns with national sovereignty and administrative authority.

This decision comes amid broader national discussions about immigration policy and the status of individuals living in the U.S. without permanent legal authorization. The 9th Circuit’s ruling underscores the complex legal and political challenges surrounding TPS and immigration enforcement. It also highlights the role of the judiciary in interpreting administrative actions and the limits of agency discretion under the APA.

Looking ahead, the ruling sets the stage for continued legal battles as affected individuals and advocacy groups may seek further appeals or legislative remedies. The DHS is expected to proceed with the phased termination of TPS for the designated countries, potentially leading to deportations unless new protections are granted. Lawmakers and immigration advocates will likely continue to push for congressional action to provide permanent solutions for TPS recipients. Observers will be watching closely how the administration implements the decision and how courts respond to any subsequent challenges.

Why it matters

The 9th Circuit ruling permits DHS to end TPS for nearly 60,000 foreign nationals, affecting their legal status. Ending TPS could force vulnerable individuals to return to countries with potentially unsafe conditions. The decision affirms the government’s authority to terminate TPS based on changing conditions abroad.

The ruling highlights ongoing tensions between humanitarian protections and immigration enforcement policies. Affected communities face uncertainty about their future in the U.S. and potential deportation risks. The case underscores the judiciary’s role in reviewing administrative decisions under the Administrative Procedures Act.

Future legal and legislative actions will shape the long-term status of TPS recipients and immigration policy.

Key facts & context

The 9th Circuit Court of Appeals issued the ruling on Monday, allowing DHS to end TPS for Hondurans, Nicaraguans, and Nepalis. Approximately 50,000 Hondurans, 3,000 Nicaraguans, and 7,000 Nepalis are affected by the termination of TPS. TPS provides temporary protection from deportation and work authorization for nationals of countries facing unsafe conditions.

The Trump administration argued that conditions in the affected countries had improved, justifying TPS termination. A federal district court had previously vacated the termination decision, citing procedural issues under the APA. The 9th Circuit panel found the government’s decision was not arbitrary or capricious and was supported by the administrative record.

The ruling aligns with prior Supreme Court decisions allowing the administration to pause lower court injunctions on TPS. Judges Eric Miller, Consuelo Callahan, and Michael Hawkins comprised the 9th Circuit panel, with Hawkins writing a concurring opinion. TPS was initially created to protect individuals from deportation due to natural disasters, armed conflict, or extraordinary conditions.

The ruling comes amid ongoing national debates about immigration policy and the status of noncitizens in the U.S. Affected individuals have lived in the U.S. for years, often with families and community ties. The DHS is expected to proceed with the phased termination of TPS for the designated countries following the ruling.

Timeline & key developments

2026-02-10: 9th Circuit Allows DHS to End Temporary Protected Status for 60,000 Foreign Nationals. Additional reporting on this topic is available in our broader archive and will continue to shape this timeline as new developments emerge.

Primary sources

• uscis.gov document

Further reading & references

• (Additional background links will appear here as we cover this topic.)