Beneficiaries of Temporary Protected Status (TPS) from several countries continue to score legal victories.
After South Sudanese nationals, Hondurans, Nepalis, and Nicaraguans are now benefiting from favorable court rulings regarding their TPS protections.
On Wednesday, a federal judge in California struck down the Trump administration’s decision to end Temporary Protected Status for approximately 60,000 nationals of Honduras, Nepal, and Nicaragua, describing the move as a “preordained decision,” according to CBS News.
U.S. District Judge Trina Thompson issued a summary judgment invalidating announcements made in June and July by Homeland Security Secretary Kristi Noem concerning the termination of TPS programs for the three countries.
According to the judge, the decision was not based on an objective assessment of conditions in those nations, as required under TPS law.
In her order, Judge Thompson emphasized that “the record specifically reflects that, before taking office, the secretary had made a preordained decision to terminate TPS and influenced the country-conditions review process to facilitate the revocations.”
Programs in place for decades
TPS designations for Honduras and Nicaragua date back to the late 1990s, following the devastation caused by Hurricane Mitch, which killed thousands across Central America. Many beneficiaries of these programs have lived in the United States for more than two decades.
The TPS program for Nepal, meanwhile, was established in 2015 after the devastating earthquake that struck the South Asian country.
Created by Congress in 1990, TPS allows the U.S. government to grant temporary protection from deportation and work authorization to nationals of countries facing armed conflict, environmental disasters, or other extraordinary conditions that make return unsafe.
The ruling is part of a legal battle that began several months ago. In late July, Judge Thompson had already issued a preliminary injunction halting the revocations, finding that the administration had failed to adequately consider ongoing problems in the three countries. She also suggested the decision may have been motivated by racial bias.
In August, an appeals court temporarily lifted that injunction, allowing the administration to move forward with the terminations. Wednesday’s ruling, however, represents a more definitive legal victory for TPS holders and their advocates.
A broader immigration crackdown
The court decision comes as the Trump administration continues an aggressive campaign to dismantle most TPS programs. Government officials argue that the policy encourages illegal immigration and that TPS has been improperly extended by Democratic administrations.
Beyond the three countries addressed in Wednesday’s ruling, the administration has also moved to revoke TPS protections for hundreds of thousands of nationals from Afghanistan, Cameroon, Ethiopia, Haiti, Myanmar, Sudan, Syria, and Venezuela, CBS News reports.
Concrete consequences for thousands of families
According to Ahilan Arulanantham, co-director of UCLA’s Center for Immigration Law and Policy, the ruling restores essential protections for affected immigrants.
“Today’s court decision restores TPS protections for thousands of long-term, law-abiding TPS holders from Honduras, Nepal, and Nicaragua,” Arulanantham said.
The order is expected to allow beneficiaries from the three countries to continue working legally in the United States and to prevent federal immigration agents from arresting and deporting them.
The Department of Homeland Security had not responded to requests for comment at the time of publication.
