Appeals Court Upholds DHS Decision to End TPS for Nepal, Honduras, and Nicaragua
SAN FRANCISCO, Calif. — A federal appeals court has delivered a significant victory to the Department of Homeland Security (DHS) by granting a stay that permits the government to proceed with ending Temporary Protected Status (TPS) for immigrants from Nepal, Honduras, and Nicaragua. The ruling from the Ninth Circuit Court of Appeals, known for its liberal leanings, temporarily freezes a lower court’s injunction that had sought to vacate DHS Secretary Kristi Noem’s decision to terminate these protections.
The court’s order, issued on February 9, 2026, found that the government is likely to succeed in defending its position that the termination was not “arbitrary or capricious.” This legal standard requires that the agency’s decision-making process be rational and grounded in evidence. According to the court documents, the DHS met this burden, indicating that the initial reasons for granting TPS to these countries no longer apply.
TPS is a humanitarian program that allows nationals from countries experiencing armed conflict, natural disasters, or other extraordinary conditions to remain temporarily in the United States without fear of deportation. Nepal, Honduras, and Nicaragua were granted TPS protections years ago due to natural disasters and political instability. However, Secretary Noem argued last year that conditions in these countries have improved sufficiently to warrant ending the program.
“The government is likely to prevail in its argument that the Secretary’s decision-making process in terminating TPS for Honduras, Nicaragua, and Nepal was not arbitrary and capricious,” the court wrote. This ruling effectively halts the lower court’s attempt to reinstate TPS protections, at least while the case proceeds through the judicial system.
Secretary Noem, who has been vocal about reassessing TPS designations, emphasized the importance of regularly reviewing the status of countries under the program. The Department of Homeland Security maintains that TPS is intended as a temporary measure, and its continuation depends on current conditions in the designated countries.
The decision has drawn mixed reactions. Advocates for immigrant rights have expressed concern about the potential impact on thousands of TPS holders who have built lives and families in the United States. Meanwhile, supporters of the administration’s approach argue that it is essential to uphold the rule of law and ensure that TPS is not extended indefinitely.
The Ninth Circuit’s ruling also underscores the judiciary’s deference to agency expertise in immigration matters. By granting the stay, the court acknowledged the complexity of the issue and the government’s prerogative to manage immigration policies.
Immigration enforcement agencies, including the Immigration and Customs Enforcement, may now move forward with steps to implement the termination of TPS for nationals from these three countries, although the process will likely continue to face legal challenges.
As the case unfolds, the Department of Homeland Security is expected to provide guidance to affected communities and stakeholders. The government’s position reflects a broader effort to recalibrate immigration policies in line with current geopolitical realities.
For more information on TPS and related policies, the public can consult resources available through the U.S. Citizenship and Immigration Services and the Department of Justice, which oversees immigration litigation.
This ruling marks a pivotal moment in the ongoing national conversation about immigration, humanitarian protections, and the balance between compassion and enforcement.
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