Ninth Circuit lets Trump end protections for 60,000 TPS holders
Appellate stay overrides district judge who found racial animus in terminations
🛂Immigration⚖️Justice👨⚖️Judicial Review
On February 9, 2026, a Ninth Circuit panel of Judges Michael Hawkins (Clinton appointee), Consuelo Callahan (George W
Bush appointee), and Eric Miller (Trump appointee) granted an emergency stay in National TPS Alliance v
Noem The stay suspends the district court order that had blocked DHS from terminating TPS for Honduras, Nepal, and Nicaragua The panel found DHS was likely to succeed on appeal, meaning the terminations can proceed while the case continues.
U.S. District Judge Trina Thompson issued a 52-page ruling in December 2025 finding that DHS Secretary Kristi Noem violated the Administrative Procedure Act by making a pre-ordained decision to end TPS. Thompson wrote that Noem influenced the conditions review process to facilitate TPS terminations rather than conducting the objective country conditions assessment that Congress requires under the Immigration Act of 1990.
Judge Thompson found substantial evidence that the TPS terminations were motivated by racial animus. She cited public statements by Noem and President Trump that characterized TPS holders as criminals before any country conditions review had taken place. The racial animus finding is significant because it triggers heightened constitutional scrutiny under the Fifth Amendment equal protection clause.
Honduras and Nicaragua received TPS designations on December 30, 1998, after Hurricane Mitch killed over 5,600 Hondurans, left 1.4 million homeless, and destroyed two-thirds of the country's roads and bridges. The United Nations said Mitch set Honduras back 20 years. Nepal was designated on June 24, 2015 after a magnitude 7.8 earthquake killed nearly 9,000 people and displaced millions.
The plaintiffs are represented by a coalition including the ACLU of Northern and Southern California, UCLA's Center for Immigration Law and Policy, the National Day Laborer Organizing Network, and Haitian Bridge Alliance. The National TPS Alliance and seven individual TPS holders filed the original lawsuit in July 2025 in the Northern District of California.
TPS holders from these three countries contribute significantly to the U.S. economy
According to the Penn Wharton Budget Model, TPS workers generated $35.9 billion in GDP in 2023
The American Immigration Council reports that 87% of Salvadoran TPS holders and 81% of Honduran TPS holders participate in the labor force, rates far above the national average of 62% They pay an estimated $5.2 billion annually in federal, state, and local taxes.
USCIS updated its websites on February 11, 2026 to reflect that TPS has terminated for Honduras, Nepal, and Nicaragua. Former TPS holders no longer have work authorization. This means employers must reverify work eligibility, and affected individuals face potential deportation to countries many haven't lived in for over 25 years.
The legal battle over TPS isn't limited to these three countries. A separate Ninth Circuit ruling found that Noem's decision to end TPS for Venezuelans was also illegal, creating a split in how courts are treating different TPS terminations. The Supreme Court has already weighed in on related TPS cases, and the full scope of executive authority over TPS designations remains unsettled.
🛂Immigration⚖️Justice👨⚖️Judicial Review
People, bills, and sources
Kristi Noem
Secretary of Homeland Security
Trina Thompson
U.S. District Judge, Northern District of California
Michael Hawkins
U.S. Circuit Judge, Ninth Circuit (Clinton appointee)
Consuelo Callahan
U.S. Circuit Judge, Ninth Circuit (George W. Bush appointee)
Eric Miller
U.S. Circuit Judge, Ninth Circuit (Trump appointee)
Ahilan Arulanantham
Director, UCLA Center for Immigration Law and Policy
What you can do
1
civic action
Contact your U.S. senators about TPS protections
Congress created TPS and can pass legislation to provide permanent status for long-term TPS holders. Bills like the American Dream and Promise Act have been introduced in previous sessions. Your senators can support standalone TPS legislation or include protections in broader immigration bills.
Hi, my name is [name] and I am a constituent from [city/state]. I am calling about the Ninth Circuit ruling that allows the termination of Temporary Protected Status for 60,000 people from Honduras, Nicaragua, and Nepal. Many of these individuals have lived in the U.S. for over 25 years, pay billions in taxes, and are deeply embedded in our communities. I urge the Senator to support legislation providing a path to permanent residency for long-term TPS holders. Can I get the Senator's position on this issue?
2
community support
Support affected TPS holders through legal aid organizations
TPS holders who have lost their status need legal representation to explore other immigration options. Organizations like the National TPS Alliance, ACLU, and local legal aid societies provide free or low-cost legal services.
3
civic action
Contact your House representative about TPS legislation
The House of Representatives can pass legislation to protect long-term TPS holders. With over 60,000 people losing work authorization and facing deportation, congressional action is the most direct path to a permanent solution.
Hi, my name is [name] and I am a constituent from [city/state]. I am calling about the 60,000 TPS holders from Honduras, Nicaragua, and Nepal who just lost their legal status and work permits. A federal judge found the terminations were illegal and racially motivated, but an appeals court paused that ruling. I urge the Representative to support legislation that provides a path to permanent residency for people who have lived and worked here for decades.