Court docket keep arms Noem victory in push to finish TPS protections for 3 international locations

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A federal appeals court docket in San Francisco granted a keep permitting the federal government to proceed with terminating Short-term Protected Standing (TPS) for immigrants from Nepal, Honduras and Nicaragua.

The reliably liberal Ninth Circuit Court docket of Appeals issued an order freezing a decrease court docket ruling that will have vacated Division of Homeland Security (DHS) Secretary Kristi Noem’s determination to finish the protections.

The court docket discovered the federal government was prone to succeed on the grounds that the DHS determination was not "arbitrary or capricious," suggesting that the decision-making course of was rational.

"The federal government is prone to prevail in its argument that the Secretary’s decision-making course of in terminating TPS for Honduras, Nicaragua, and Nepal was not arbitrary and capricious," court docket paperwork mentioned.

Homeland Safety Secretary Kristi Noem speaks at a press convention in New York Metropolis, Jan. 8, 2026. (David 'Dee' Delgado/Reuters)

Final yr, Noem sought to terminate refugee standing for the three long-protected international locations, arguing that below TPS, the federal government should test if the preliminary causes for his or her safety nonetheless apply.

Nepal, Honduras, and Nicaragua all initially acquired TPS protections because of particular environmental disasters. Nepal was designated in 2015 following a large earthquake, whereas Honduras and Nicaragua acquired protections in 1999 after Hurricane Mitch.

Noem’s chief spokeswoman, Assistant Secretary Tricia McLaughlin, beforehand famous final August that TPS protections have been all the time meant to be short-term.

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Monday's court docket ruling could additional clear the trail for Trump's immigration coverage. (Jose Luis Magana/AP Picture)

Legal professional Basic Pam Bondi praised the choice, saying it could permit the Trump administration to proceed its immigration insurance policies and deport sure immigrants.

"This can be a essential authorized win from @TheJusticeDept attorneys that helps clear the way in which for President Trump’s continued deportations," she mentioned.

"Because the court docket discovered, ‘the federal government is prone to prevail in its argument’ that ending Short-term Protected Standing for some immigrants is sound and lawful coverage. We're proud to signify the Trump Administration in court docket every single day."

Noem's ruling was beforehand challenged by the Nationwide TPS Alliance, who argued it was "arbitrary and capricious" and violated the Administrative Process Act.

On December 31, 2025, a San Francisco district court docket choose sided with the plaintiffs and canceled Secretary Noem's termination order.

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Legal professional Basic Pam Bondi celebrated the ruling Monday in a put up on social media, saying it'll clear the way in which for President Trump’s continued deportations (Tom Williams/CQ-Roll Name, Inc by way of Getty Photographs)

The Ninth Circuit Court docket of Appeals panel assigned to the case included Judges Hawkins, Callahan and Miller. Choose Hawkins was appointed by Invoice Clinton, Choose Callahan by George W. Bush and Choose Miller by President Donald Trump .

Whereas Judges Callahan and Miller seem to have authored the principle evaluation, Choose Hawkins wrote a separate concurring opinion. He agreed with the consequence based mostly on latest Supreme Court docket steerage, however mentioned he wouldn't rule on the plaintiffs' claims at this early stage.