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A federal appeals court issued an order siding with the Trump administration in allowing the termination of Temporary Protected Status (TPS) for immigrants from Nepal, Honduras, and Nicaragua.
“This is a crucial legal win from @TheJusticeDept attorneys that helps clear the way for President Trump’s continued deportations,” Attorney General Pam Bondi said.
“As the court found, ‘the government is likely to prevail in its argument’ that ending Temporary Protected Status for some immigrants is sound and lawful policy,” she continued.
This is a crucial legal win from @TheJusticeDept attorneys that helps clear the way for President Trump’s continued deportations.
As the court found, “the government is likely to prevail in its argument” that ending Temporary Protected Status for some immigrants is sound and… https://t.co/KPk1Sgio4o
— Attorney General Pamela Bondi (@AGPamBondi) February 10, 2026
Fox News shared further:
Last year, Noem sought to terminate refugee status for the three long-protected countries, arguing that under TPS, the government must check if the initial reasons for their protection still apply.
Nepal, Honduras, and Nicaragua all originally received TPS protections due to specific environmental disasters. Nepal was designated in 2015 following a massive earthquake, while Honduras and Nicaragua received protections in 1999 after Hurricane Mitch.
Noem’s chief spokeswoman, Assistant Secretary Tricia McLaughlin, previously noted last August that TPS protections were always intended to be temporary.
“A win for the rule of law and vindication for the US Constitution. Under the previous administration, Temporary Protected Status was abused to allow violent terrorists, criminals, and national security threats into our nation,” Department of Homeland Security (DHS) Secretary Kristi Noem said.
“TPS was never designed to be permanent, yet previous administrations have used it as a de facto amnesty program for decades. Given the improved situation in each of these countries, we are wisely concluding what was intended to be a temporary designation,” she continued.
A win for the rule of law and vindication for the US Constitution. Under the previous administration, Temporary Protected Status was abused to allow violent terrorists, criminals, and national security threats into our nation.
TPS was never designed to be permanent, yet… pic.twitter.com/SZhVNuhU1n
— Secretary Kristi Noem (@Sec_Noem) February 9, 2026
More from Courthouse News Service:
The panel — composed of U.S. Circuit Judge Michael Hawkins, a Bill Clinton appointee; U.S. Circuit Judge Consuelo Callahan, a George W. Bush appointee; and U.S. Circuit Judge Eric Miller, a Donald Trump appointee — also said it was influenced by recent Supreme Court decisions that stayed lower court orders blocking Noem’s termination of TPS for Venezuela.
However, the judges acknowledged the justices did not include any reasoning for their decisions to stay orders blocking Noem from axing protected status for Venezuelan migrants, writing that the precedent “does not inform our analysis of the legal issues in this case.”
“The stay applications involved similar assertions of harm by both parties, and we have been admonished that the court’s stay orders must inform ‘how [we] should exercise [our] equitable discretion in like cases,’” the panel said. “We therefore conclude that the equitable factors favor a stay.”
The TPS program protects individuals from certain countries due to violence or economic duress. While those with TPS status can’t be deported and can work legally in the U.S., they do not have a path to U.S. citizenship. The National TPS Alliance and individual TPS holders from Nicaragua, Honduras and Nepal sued last summer after Noem ordered the termination of protected status for the three countries, claiming her actions violated the Administrative Procedure Act and were motivated by racial animus.