A federal appeals court sided with President Trump on Wednesday, allowing his administration to end the Temporary Protected Status (TPS) for over 60,000 immigrants from Honduras, Nicaragua, and Nepal.
A unanimous panel of three judges from the 9th U.S. Circuit Court of Appeals lifted a previous order from a lower court that had blocked the termination of TPS, which included protections from deportation and work permit revocation.
“The government’s request for a stay during the appeals process is granted,” wrote Circuit Judges Michael Hawkins, Consuelo Callahan, and Eric Miller in their brief two-page ruling. They didn’t elaborate on their reasoning.
Last month, San Francisco-based district judge Trina Thompson, appointed by former President Biden, had paused the revocation of TPS for these immigrants until November 18.
Thompson’s previous ruling that prevented the removal of these immigrants’ legal status was overturned unanimously by the appeals panel.
In a contentious statement, Thompson criticized Homeland Security Secretary Christie Noem, claiming her actions were driven by “racial animus.”
“All the plaintiffs desire is the freedom to live without fear, the chance for opportunity, and the American dream. Instead, they are told to leave because of their race,” she remarked in her July 31 order. “The court disagrees.”
Thompson even drew parallels between the Trump administration’s immigration policies and the transatlantic slave trade in her rulings.
Hondurans and Nicaraguans received legal status and work permits in response to humanitarian crises caused by Hurricane Mitch in 1998, which resulted in nearly 7,300 fatalities.
Nepal was added to the TPS program in June 2015 following a devastating earthquake that struck the nation.
Earlier this year, Noem announced the proposed cancellation of TPS for immigrants from these countries and even offered financial incentives, like plane tickets and a $1,000 “exit bonus,” to encourage voluntary departure.
“The temporary protected status was meant to be just that—temporary,” the DHS secretary stated at that time.
Noem also pointed out that the state’s participation in the program was initially prompted by natural disasters.
As it stands, Nepal’s TPS protections are set to expire on August 5, with those from Honduras and Nicaragua facing similar fate in September. According to recent DHS figures, around 51,000 Hondurans, 7,200 Nepalese, and 2,900 Nicaraguans are currently enrolled in the TPS program, lacking permanent green card status.
