Overview

• The appeals court granted an emergency stay that suspends Judge Trina L. Thompson’s July 31 order preserving protections for roughly 60,000 TPS holders.
• Protections for about 7,000 Nepalese have already lapsed this month, and TPS for roughly 51,000 Hondurans and nearly 3,000 Nicaraguans is set to expire on September 8.
• The three-judge panel issued the stay without a detailed explanation and directed the parties to propose a case schedule within seven days.
• Plaintiffs argue DHS acted illegally and with bias, and Judge Thompson previously faulted the lack of an objective country-conditions review, while DOJ contends the government faces irreparable harm if it cannot implement its policy.
• DHS officials say TPS was never meant to function as de facto asylum, and the move follows earlier terminations affecting Venezuelans, Haitians and Ukrainians, with reports that DHS is pushing for an ICE air fleet to expand removals.