A federal appeals court on Monday allowed the Trump administration to move forward with ending deportation protections for nearly 60,000 migrants from Honduras, Nepal, and Nicaragua under the Temporary Protected Status (TPS) program. The 9th U.S. Circuit Court of Appeals temporarily lifted a lower court’s block on the terminations, reversing a December ruling by U.S. District Judge Trina Thompson in San Francisco that had prevented the protections from being revoked.
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The three-judge panel concluded that the government was likely to demonstrate legitimate reasons for ending TPS, finding the decision-making process “not arbitrary and capricious.” The ruling cited the potential for the administration to prevail either by showing that the district court lacked jurisdiction or by addressing challenges under the Administrative Procedure Act. The decision affects approximately 50,000 Hondurans, 7,000 Nepalis, and 3,000 Nicaraguans who were granted temporary protection while fleeing natural disasters, armed conflict, or other extraordinary conditions.
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TPS was established by Congress in 1990 to protect migrants from countries experiencing environmental catastrophes, armed conflict, or other extraordinary circumstances that prevent safe return. Honduras and Nicaragua received TPS following Hurricane Mitch in the late 1990s, while Nepal was added after a 2015 earthquake. The program allows recipients to live and work legally in the United States temporarily, although it does not provide permanent status.
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Homeland Security Secretary Kristi Noem described the appeals court decision as “a win for the rule of law and vindication for the US Constitution.” She emphasized that TPS was never intended to be permanent, asserting that prior use of the program had effectively functioned as a de facto amnesty. The decision aligns with the Trump administration’s broader immigration agenda, which prioritizes border security and the reduction of federal protections for migrants. The appeals court’s temporary stay allows the administration to proceed while the full appeal is considered.
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