United States: Appeals Court Stays Postponement of TPS Terminations for Honduras, Nepal, and Nicaragua
August 21, 2025
At a glance
- As a result of a Ninth Circuit of Appeals decision, the TPS designation for Nepal is now deemed to be expired as of August 5, 2025, and the Honduras and Nicaragua designations are slated to expire on September 8, 2025, absent further court order.
- The Ninth Circuit order stays a July 31 district court decision that postponed the termination of these TPS designations until at least November 18, 2025.
- The appeals court decision may be appealed to the U.S. Supreme Court.
- Litigation regarding the legality of the TPS terminations continues at the district court level.
The issue
On August 20, the Ninth Circuit Court of Appeals stayed a district court order that had temporarily postponed the Temporary Protected Status (TPS) terminations for Honduras, Nepal, and Nicaragua. As a result, the TPS designation for Nepal is now considered expired as of August 5, 2025, and the designations for Honduras and Nicaragua will expire on September 8, 2025, unless a contrary court order is issued. Under the now-invalidated district court postponement, these countries would have maintained TPS designations through at least November 18. The appeals court case is National TPS Alliance et al. v. Noem et al., 25-4901 (9th Cir.).
Background
Termination of TPS designations for Honduras, Nepal, and Nicaragua was initiated during the first Trump Administration, and then withdrawn during the Biden Administration. After the second Trump Administration took office, the Department of Homeland Security (DHS) re-initiated the terminations.
At the time of the switch in administrations in January 2025, the designations for Honduras and Nicaragua had been set to expire on July 5, 2025. On July 7, 2025, DHS announced the termination of TPS designations for the two countries, with a 60-day transition period through September 8, 2025. Nepal’s TPS designation had been scheduled to expire on June 24, 2025. On June 6, 2025, DHS announced the termination of Nepal’s TPS designation, with a 60-day transition period through August 5, 2025.
Advocacy groups and individuals filed a lawsuit in the Northern District of California to challenge these three TPS terminations under the Administrative Procedure Act and the due process clause of the Fifth Amendment. Plaintiffs argue that the TPS terminations were likely preordained decisions and not based on country conditions and that the terminations deviated from prior agency practice without explanation, among other claims. All three designations had been provided only a 60-day wind-down transition period, in contrast with longstanding agency practice of providing at least six months. The district court case is National TPS Alliance et al. v. Noem et al., 25-cv-05687 (N.D. Ca.).
On July 31, the National Alliance district court postponed Homeland Security Secretary Kristi Noem’s termination of the TPS designations for Honduras, Nepal, and Nicaragua through at least November 18, 2025, the date on which the court would hold a merits hearing. As expected, DHS appealed the district court decision to the Ninth Circuit Court of Appeals, resulting in yesterday’s appeals court order.
What this means for employers and foreign nationals
Nepalese TPS beneficiaries have lost TPS protection and work authorization as of August 5, and are subject to removal from the United States, barring a subsequent contrary court order. TPS beneficiaries from Honduras and Nicaragua are due to lose TPS protection and work authorization after September 8, unless a contrary court order is issued. An appeal of the Ninth Circuit decision may be filed to the U.S. Supreme Court. Regardless, the legality of the DHS’s actions to terminate these TPS designations will continue to be litigated at the district court level.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
