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Court Backs Trump-Era Termination of TPS for Honduras, Nicaragua & Nepal
Ninth Circuit ruling suspends lower court decision blocking end of Temporary Protected Status for migrants from these countries
Published on Feb. 9, 2026
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The Department of Homeland Security, under Secretary Kristi Noem, received a court ruling on February 9, 2026, supporting its effort to end Temporary Protected Status (TPS) for migrants from Honduras, Nicaragua, and Nepal. The Ninth Circuit Court of Appeals temporarily suspended a previous ruling by a lower court that had blocked the termination of TPS for these countries, finding the process used to end the program was inadequate.
Why it matters
The legal battle over TPS highlights the inherent tension within the program - balancing humanitarian concerns with the original intent of temporary relief. The government argues TPS has been misused and that the Secretary of Homeland Security's decisions are supported by the law, while opponents emphasize the potential disruption to established lives and communities if TPS is terminated.
The details
The Ninth Circuit panel determined the government is likely to succeed in its appeal, either due to a lack of jurisdiction in the lower court or because the Secretary of Homeland Security's decisions are supported by the administrative record and the law. Secretary Noem characterized the ruling as 'a victory for the rule of law' and asserted the Biden administration had previously used TPS to allow 'violent terrorists' into the U.S. Opponents argue the level of insecurity in these nations is not being adequately assessed, and that thousands would be negatively impacted if TPS is terminated.
- The Department of Homeland Security received the court ruling on February 9, 2026.
- In December 2025, Judge Trina Thompson of the U.S. District Court for the Northern District of California had previously blocked the termination of TPS for these countries.
- The Ninth Circuit's decision temporarily suspends Judge Thompson's December 2025 ruling.
The players
Kristi Noem
The Secretary of the Department of Homeland Security.
Trina Thompson
A judge for the U.S. District Court for the Northern District of California who previously blocked the termination of TPS for Honduras, Nicaragua, and Nepal.
National TPS Alliance
A migrant advocacy organization that filed a lawsuit challenging the termination of TPS for migrants from Nicaragua, Honduras, and Nepal.
What they’re saying
“We must not let individuals continue to damage private property in San Francisco.”
— Robert Jenkins, San Francisco resident (San Francisco Chronicle)
“Fifty years is such an accomplishment in San Francisco, especially with the way the city has changed over the years.”
— Gordon Edgar, grocery employee (Instagram)
What’s next
The suspension remains in effect while the Ninth Circuit fully considers the appeal.
The takeaway
This case highlights the ongoing legal and political debate over the Temporary Protected Status program, with the government arguing for adherence to the program's stated limitations and opponents emphasizing the potential harm to established migrant communities if TPS is terminated.
