Court Lifts Block on Ending TPS for 3 Countries

Appeals court rules Trump administration likely to prevail in ending deportation protections for nearly 89,000 migrants.

Published on Feb. 9, 2026

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A federal appeals court in San Francisco has temporarily lifted a lower court's block on the Trump administration's plan to end Temporary Protected Status (TPS) for nearly 89,000 migrants from Honduras, Nepal and Nicaragua. The three-judge panel determined the government was likely to prove "legitimate" reasons existed to end the program for immigrants from those countries, finding the decision-making process was "not arbitrary and capricious."

Why it matters

The TPS program provides temporary legal immigration status and work authorization to people fleeing countries experiencing civil strife, environmental disasters or other "extraordinary and temporary conditions" that prevent a safe return. The appeals court's decision clears the way for the Trump administration to move forward with ending these protections, which could lead to the deportation of tens of thousands of migrants.

The details

Congress authorized TPS as part of the Immigration Act of 1990. Honduras and Nicaragua received TPS policies in the late 1990s due to Hurricane Mitch, while Nepal established theirs in 2015 after a deadly earthquake. Under TPS, people from nations experiencing armed conflict, environmental disasters, epidemics or other extraordinary conditions cannot be removed from the United States or detained by the Department of Homeland Security. In July 2026, DHS Secretary Kristi Noem sought to terminate TPS for Honduras, Nepal and Nicaragua, arguing the nations had recovered from the environmental disasters that originally justified the protections.

  • On Monday, the 9th U.S. Circuit Court of Appeals temporarily lifted a lower court's block on the Trump administration's plan to end TPS.
  • In December 2025, U.S. District Judge Trina Thompson had prevented the deportation protections from being terminated.

The players

Kristi Noem

The current U.S. Secretary of Homeland Security who sought to terminate TPS for Honduras, Nepal and Nicaragua in July 2026, arguing the nations had recovered from the environmental disasters that originally justified the protections.

Trina Thompson

The U.S. District Judge who in December 2025 blocked the Trump administration's plan to end TPS for the three countries.

National TPS Alliance

A group that challenged Noem's ruling to terminate TPS, arguing it violated the Administrative Procedure Act.

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What they’re saying

“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 previous administrations have used it as a de facto amnesty program for decades.”

— Kristi Noem, U.S. Secretary of Homeland Security (X)

“The administration says that they are deporting immigrants in the country illegally — but many Americans have missed just how many of the individuals now facing detention and deportation were here completely lawfully until the administration cancelled their TPS or humanitarian parole. Tragically, that puts people at risk of deportation to countries like Venezuela facing profound humanitarian crises, sending them into the hands of a dictatorial government that the U.S. does not recognize as legitimate.”

— Myal Greene, President of World Relief (Press release)

“This is a crucial legal win from @TheJusticeDeptattorneys 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 lawful policy. We are proud to represent the Trump Administration in court every day.”

— Pam Bondi, U.S. Attorney General (X)

What’s next

The appeals court's temporary lifting of the block means the administration can proceed with ending TPS for the three countries while the full appeal is considered.

The takeaway

The court's decision represents a significant victory for the Trump administration's efforts to roll back TPS protections, which could lead to the deportation of tens of thousands of migrants from Honduras, Nepal and Nicaragua. However, the fight is not over, as the full appeal on the matter is still pending.