A recent decision by the 9th US Circuit Court of Appeals in San Francisco has overturned a lower court’s ruling that had maintained temporary protections for 60,000 migrants, now allowing the Trump administration to proceed with their removal. This development affects individuals from Honduras, Nicaragua, and Nepal who were under Temporary Protected Status (TPS).
Key Facts
- The appeals court has granted an emergency stay pending an appeal, which pauses the lower court’s protective order for migrants from the three countries.
- As a result, the administration can start the removal of approximately 7,000 Nepalese migrants whose TPS expired on August 5, 2025, and 54,000 more from Honduras and Nicaragua by September 8, 2025.
- Immigrant rights advocates have criticized the administration’s actions as unlawful, arguing that ending TPS designations harms not only the individuals but also broader public interests.
Background
Temporary Protected Status (TPS) is a humanitarian measure that allows nationals from countries experiencing conflict, natural disasters, or other extraordinary circumstances to temporarily reside in the US with rights to work and travel. The Trump administration has been actively working to terminate these protections, aiming to increase deportations among immigrant communities.
Timeline / What We Know
The district court initially halted the termination of TPS until a further hearing scheduled for November 2025, citing potential ‘irreparable harm’ to the plaintiffs and negative impacts on the labor force and community. However, this decision was overturned by the appeals court on Wednesday, with a brief ruling that did not specify the reasons for considering it an ’emergency.’ The decision to temporarily suspend protections allows the administration to proceed with deportation plans.
Official Reactions
The UCLA Center for Immigration Law and Policy expressed concern over the lack of due process in the appeals court’s decision. Co-director Ahilan Arulanantham criticized the failure to provide reasoning for the ruling as falling ‘far short of what due process requires.’
What’s Next
The fate of the 60,000 affected migrants now hangs in the balance as the administration moves forward with its plans. The final outcome is likely to depend on the results of the scheduled hearing in November 2025, where the merits of the case against ending TPS will be more thoroughly examined.