A federal appeals court has cleared the way for officials from the Trump administration to terminate deportation protections for many migrants from Central America and Asia.
The U.S. Court of Appeals for the Ninth Circuit made this decision late Wednesday, allowing the Department of Homeland Security (DHS) to end Temporary Protected Status (TPS) for about 60,000 individuals from Honduras, Nicaragua, and Nepal. This decision overturned a recent ruling from a Biden-appointed judge. The three-judge panel reached a unanimous verdict, which some see as a significant win for the Trump administration.
Officials from the Trump administration had been keen to curtail TPS for various immigrant groups, viewing this ruling as a major legal achievement. “This is another big legal victory for the Trump administration, the rule of law, and the safety of the American people,” said Deputy Chief Tricia McLaughlin. She emphasized that TPS was designed to be a temporary measure.
McLaughlin further stated, “TPS was not meant to function as a de facto asylum system, but that’s how it has been handled by past administrations, resulting in hundreds of thousands living in the country without proper scrutiny.” She believes this decision will aid in restoring integrity to the immigration system, contributing to the safety of the homeland.
This recent court victory allows the administration to proceed with the removal of around 7,000 Nepalese individuals, whose TPS status expired earlier this month. If the designation ends on September 8, about 51,000 Hondurans and 3,000 Nicaraguans could also face removal.
TPS was originally created under the Immigration Act of 1990 to provide temporary protection and work eligibility to individuals living in the U.S. However, some have criticized it as being “temporary” in name only, as protections have been renewed over the years. Hondurans and Nicaraguans have had TPS since 1999, following Hurricane Mitch, while Nepal was added after the 2015 earthquake.
Under Homeland Security Secretary Christy Noem, the Trump administration has previously restricted TPS for many, including 500,000 Haitians and 350,000 Venezuelans, and has faced several lawsuits as a result.
Earlier this year, Judge Trina Thompson from the U.S. District Court for Northern California ruled against the Trump administration’s plans to end TPS for Nepal, Honduras, and Nicaragua, accusing the White House of racism. “Freedom to live fearlessly and the hope of America—that’s what the plaintiffs desire,” she stated at the time, expressing that they shouldn’t have to justify their race or ethnicity.
This latest ruling from the Court of Appeals has temporarily put Thompson’s order on hold. The National TPS Alliance, a major plaintiff in this case, continues to challenge the administration’s actions.
