Overview

• Using a brief order with no legal rationale, a Ninth Circuit panel stayed a July 31 nationwide injunction that had kept protections in place for about 60,000 TPS holders.
• Nepali protections have already lapsed following the stay, and TPS for roughly 51,000 Hondurans and about 3,000 Nicaraguans is scheduled to expire on Sept. 8 unless further court action intervenes.
• U.S. District Judge Trina L. Thompson previously found plaintiffs were likely to show DHS acted without an objective country-conditions review and was motivated by racial animus.
• DHS hailed the ruling as a major victory, arguing TPS had been stretched beyond its temporary purpose and saying the decision allows the agency to restore program integrity.
• Advocacy groups including the National TPS Alliance and ACLU affiliates vowed to continue litigation, noting that loss of TPS means loss of work authorization and exposure to removal as the next district court hearing is set for Nov. 18.