Bhattarai v. Nielsen

Six adults with Temporary Protected Status (TPS) and two U.S. citizen children of TPS holders filed a class-action lawsuit seeking to stop the unlawful termination of TPS for over 100,000 TPS holders from Honduras and Nepal and prevent the separation of tens of thousands of U.S. citizen children from their TPS-holder parents.

In October of 2018, the court enjoined the termination of TPS for Sudan, Nicaragua, Haiti, and El Salvador, finding substantial evidence that the terminations were motivated by racism and violated the Administrative Procedure Act. Plaintiffs in this case allege that the terminations of TPS for Honduras and Nepal suffer from the same legal flaws and should be set aside. Plaintiffs also allege that the terminations are unconstitutional because they require the U.S. citizen children of TPS holders to choose between their country and their family.

Plaintiffs are represented by the ACLU Foundation of Southern California, ACLU Foundation of Northern California, Asian Americans Advancing Justice-Asian Law Caucus, Asian Americans Advancing Justice-Los Angeles, the National Day Laborer Organizing Network, and the law firm of Sidley Austin LLP.

[UPDATE]March 12, 2019[/UPDATE] All parties have agreed to stay proceedings pending Ramos. This means that TPS holders from Honduras and Nepal will have their TPS status automatically extended in accordance with Ramos class members. Read the Stipulation to Stay.

[FILING]February 11, 2019[/FILING] ACLU SoCal and partners filed the complaint in U.S. District Court, Northern District of California. Read the class action complaint.