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Ninth Circuit Allows DHS to Proceed With Ending TPS for Honduras, Nicaragua, and Nepal

The appellate stay restores DHS’s original termination schedule pending appeal.

US Air Force flight carrying deported migrants by the US government arrive at Ramon Villeda Morales International Airport on January 31 in San Pedro Sula, Honduras. (Photo by Jorge Salvador Cabrera/Getty Images)

Overview

  • On August 20, the Ninth Circuit stayed a July 31 district-court injunction, allowing DHS to implement TPS terminations affecting nationals of the three countries.
  • TPS for Nepal already lapsed on August 5, and protections for Honduran and Nicaraguan beneficiaries are set to end September 8 unless further court action intervenes.
  • Judge Trina L. Thompson had previously paused the terminations after finding plaintiffs likely to succeed on claims of discriminatory motive and procedural defects.
  • USCIS has not yet issued updated employment-authorization guidance; employers must reverify affected Honduran and Nicaraguan workers on September 8 and Nepalese workers immediately if documentation is no longer valid.
  • Roughly 60,000 to 63,000 people could lose status, with advocates noting tens of thousands of U.S.-citizen children are affected, as the case proceeds toward a November 18 merits hearing and the government cites a May Supreme Court TPS ruling in its defense.