A U.S. Court has ordered the cancellation of Temporary Protected Status (TPS) for nationals of Honduras, Nicaragua, and Nepal. This decision follows an announcement by Kristi Noem that a ruling now permits the termination of protections for immigrants from these countries.
Background
The court’s decision reverses previous rulings that had restored TPS for approximately 60,000 individuals. The U.S. District Court for the Northern District of California had previously vacated the Department of Homeland Security’s (DHS) decisions to terminate TPS for these three countries, finding violations of the Administrative Procedure Act (APA).
However, the ruling has been appealed to the Ninth Circuit Court of Appeals. The court concluded that DHS failed to conduct an objective assessment of country conditions and did not consult with other federal agencies in its initial termination decisions.
What’s Next?
The government has appealed the court’s decision, and the case is now before the Ninth Circuit Court of Appeals. It is possible the appeals court will uphold the lower court’s decision, reinstating TPS for the affected countries. Alternatively, the appeals court could side with the government, allowing the TPS terminations to proceed. Further legal challenges could too occur, potentially prolonging the uncertainty for TPS holders.
Frequently Asked Questions
What is TPS?
TPS allows immigrants from designated countries to remain in the United States for a temporary period due to extraordinary and temporary conditions in their home countries.
How many people are affected by this decision?
Approximately 60,000 individuals from Honduras, Nicaragua, and Nepal were expected to be impacted by the terminations.
What was the basis of the original lawsuit?
The National TPS Alliance and individual TPS holders argued that the terminations were not based on current country conditions and deviated from prior agency practice without explanation.
As the legal process unfolds, what will be the long-term implications for individuals and families relying on TPS protections?
