Federal Appeals Court Rules on TPS for Three Countries

A federal appeals court has decided that the Department of Homeland Security (DHS) is permitted to terminate Temporary Protected Status (TPS) for three specific countries. This ruling marks a significant immigration enforcement win for the Trump administration.

The 9th U.S. Circuit Court of Appeals unanimously concluded that DHS can end deportation protections for around 90,000 immigrants from Nepal, Honduras, and Nicaragua.

In the court’s opinion, it was noted, “While TPS was never meant to be a permanent solution, successive administrations have essentially used it as an ongoing amnesty program.”

This ruling reverses a prior decision made by San Francisco District Judge Trina Thompson.

Judge Thompson remarked, “It’s essential for government officials to be accountable when they go beyond their authority.” She previously claimed that DHS’s decision to end TPS for these countries was unlawful.

The appellate court argued that the lower court had made an error, stating the Trump administration is likely to prevail in its arguments regarding how DHS Secretary Kristi Noem made her decisions. They asserted that her actions were not, in fact, “arbitrary or capricious.”

According to the appeals court, “The government is likely to demonstrate that the administrative records adequately back the Secretary’s actions. Furthermore, the TPS Act does not necessitate that she consider any intervening conditions in those countries that emerged after the initial TPS designation. The Secretary’s choice not to weigh these intervening conditions does not reflect an unexplained shift in policy.”

Honduras and Nicaragua were integrated into the TPS program in 1999 following Hurricane Mitch, while Nepal joined in 2015 after a severe earthquake.

In response to the court’s ruling, Secretary Noem expressed gratitude on social media, with many celebrating it as a “victory for the rule of law and the integrity of the U.S. Constitution.” She further stated, “In previous administrations, TPS has been misused to permit entry of violent offenders and individuals who pose national security risks. While TPS was not intended to be indefinite, it has been treated as an unofficial amnesty program for many years. Given the improved conditions in these countries, it’s prudent to conclude what was supposed to be a temporary status.”

The Trump administration’s move to end TPS is part of broader immigration enforcement. TPS provides protection against deportation when circumstances in a foreign national’s home country, such as conflict or natural disasters, make safe return difficult. Presently, TPS applies to 15 countries.