Federal judges have challenged the Trump administration’s decision to terminate deportation protections for citizens from Nepal, Nicaragua, and Honduras, ordering a halt to their removal while the legal case is ongoing.
US District Court Judge Trina Thompson, based in San Francisco, noted that the plaintiffs demonstrated adequate evidence of racial bias in the administration’s decision, stating that there was a failure to conduct a “objective examination of the state’s terms” prior to ending these protections.
Thompson expressed that the plaintiffs desire to live freely and pursue the American dream, yet they are being pressured to leave based on their identity and heritage. “The court does not agree,” she clarified.
The Department of Homeland Security (DHS) ended Temporary Protected Status (TPS) for Nepal in June and for Nicaragua and Honduras in July. Originally, these protections were assigned due to natural disasters, but they also assist those unable to return home because of prevailing uncertainties.
This decision affects around 51,000 Hondurans and nearly 3,000 Nicaraguans who have resided in the U.S. for about 25 years, requiring them to leave by September. Additionally, around 7,000 Nepalis are also on the brink of losing their protections.
Thompson cited numerous past remarks from President Trump and DHS Secretary Christie Noem, including statements portraying immigrants unfavorably. Trump described immigrants as “sucking the blood of our nation.”
She remarked that reliance on such “codewords” might reveal discriminatory intent, adding that “Color is neither venom nor crime.”
The judge pointed out that the DHS did not conduct the comprehensive review necessary to end TPS and failed to consider conditions beyond the immediate recovery from disasters that initially warranted the designation for the affected Central American countries and Nepal.
She noted that, unlike previous communications from the DHS regarding Honduras, the latest notification overlooked key issues such as political violence and crime.
Thompson highlighted that Nicaragua has seen a significant exodus of about 108,000 people due to anti-democratic human rights violations and humanitarian crises.
As for Nepal, she noted ongoing environmental issues like floods and landslides, stating, “Nepal is one of the poorest countries in the world,” though it aims to support economic growth and restructuring despite the TPS termination.
The Trump administration has contended that individuals from these countries remain in the U.S. well beyond the natural disasters that justified TPS in the first place, arguing that previous administrations mismanaged these temporary protections.
Nonetheless, Thompson determined that the administration did not adequately counter the argument that citizens from these countries should be allowed to stay in the U.S. while the lawsuit is resolved.
She also pointed out that the administration’s claims regarding potential harm to U.S. foreign policy and national interests lacked specificity, as the defendant could not identify any concrete interests at risk due to the delays in the Secretary’s decisions.
