SAN FRANCISCO — The Trump administration’s abrupt decision to end Temporary Protected Status (TPS) for individuals from Honduras, Nepal, and Nicaragua is unlawful, a federal court ruled Wednesday.
In a 52-page decision granting a request for summary judgment, U.S. District Court Judge Trina L. Thompson wrote: “the (Department of Homeland) Secretary made a pre-ordained decision to end TPS and influenced the conditions review process to facilitate TPS terminations for Honduras, Nicaragua, and Nepal.”
The court also rejected the government’s request to dismiss the case. Instead, it concluded that Homeland Security Secretary Kristi Noem failed to comply with the Administrative Procedure Act (APA), which requires consideration of country conditions and consultation with the U.S. State Department, and instead distorted the review process to achieve the desired result of terminating TPS for Honduras, Nepal, and Nicaragua.
“TPS has provided me and my children essential humanitarian protection,” said Sandhya Lama, a 43-year-old plaintiff from Nepal who has lived in the United States since 2008 and is the single mother of three U.S. citizen children. “I am grateful that this order means that I can return to work and live safely in the United States, but the Secretary should never have been allowed to act with such disregard for the law.”
The decision affects approximately 60,000 individuals, many of whom arrived in the U.S. in the 1990s, who face the threat of deportation and family separation if stripped of their TPS protections. Most were already facing severe economic hardship as a result of the Trump administration’s unlawful decisions.
“The court’s order today is a tremendous relief, but the administration’s decision to terminate TPS has already wreaked havoc for me and so many others,” said Jhony Silva, a 29-year-old plaintiff from Honduras. “I have lived in the United States since I was three years old, but lost my job as a certified nursing assistant because of the termination, and had to stop my studies to become a nurse. I hope that this means my child and I can be secure in the United States for the time being, but we will not give up fighting to protect our rights and the rights of others.”
The plaintiffs are represented by the National Day Laborer Organizing Network (NDLON), the ACLU Foundations of Northern California and Southern California, the Center for Immigration Law and Policy (CILP) at the UCLA School of Law, and Haitian Bridge Alliance.
“Today’s ruling confirms the Trump Administration’s decision to strip 60,000 long-term residents from Honduras, Nicaragua, and Nepal of their lawful immigration status under the TPS program was illegal, said Jessica Bansal, attorney at the National Day Laborer Organization. “The harm already caused by the administration’s cruel, lawless actions cannot be undone, but we are hopeful that, with this ruling, the new year will bring a measure of justice and peace to the TPS holder community.
In July, the National TPS Alliance and seven individual TPS holders sued the Department of Homeland Security, challenging the decision to abruptly strip protections without careful review of the facts, as required by Congress.
“The National TPS Alliance celebrates today's decision in favor of our members from Honduras, Nepal, and Nicaragua,” said Jose Palma, Coordinator of the National TPS Alliance. “Once again, the courts have affirmed that the attempt to terminate TPS was unlawful. This victory brings hope to over 60,000 TPS recipients whose protection has been unlawfully stripped away, leaving them vulnerable to deportation. The court's decision is a testament to the resilience and determination of TPS holders and their allies. Now, it's time for lawmakers to listen and act."
“The court’s decision today restores TPS protections for thousands of long-term law-abiding TPS-holding residents from Honduras, Nepal, and Nicaragua,” said UCLA Center for Immigration Law and Policy Co-Director Ahilan Arulanantham. “Under the court’s decision, employers are legally required to honor their employment authorization documents for TPS holders from those countries, and it would be unlawful for the government to detain and attempt to deport them.”
“Secretary Noem must follow the law. This court found the evidence overwhelming that she did not,” said Emi MacLean, attorney at the ACLU Foundation of Northern California. “The TPS statute has provided essential humanitarian protection for 35 years. It cannot be disregarded so readily.”
Read the ruling: https://www.aclusocal.org/app/uploads/2025/12/2025.12.31-197-NTPSA-II-SUMMARY-JUDGMENT-ORDER.pdf
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