United States: Federal District Court Postpones TPS Terminations for Honduras, Nepal, and Nicaragua
August 1, 2025
Country / Territory
Share
At a glance
- The court order postpones DHS Secretary Kristi Noem’s termination of Temporary Protected Status (TPS) designations for the three countries until at least November 18, 2025.
- The TPS designation for Nepal had been set to expire on August 5, 2025; the Honduras and Nicaragua designations had been set to expire on September 8, 2025.
- The government is expected to appeal the district court decision.
- If the court order remains in place beyond August 5 and September 8, the U.S. government is expected to provide guidance regarding how to document continuing status and work authorization for TPS beneficiaries of the respective countries.
The issue
On July 31, a federal judge in the Northern District of California postponed Homeland Security Secretary Kristi Noem’s termination of the Temporary Protected Status (TPS) designations for Honduras, Nepal, and Nicaragua to November 18, 2025. The TPS designation for Nepal had been set to expire on August 5, 2025; TPS for Honduras and Nicaragua had been set to expire on September 8, 2025. 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 court order postpones the terminations to November 18, when the court will hold a merits hearing to determine if an extension of the postponement is warranted. The order is nationwide in scope, pursuant to an Administrative Procedure Act provision empowering courts to postpone agency actions while litigation challenging the action continues. The case is National TPS Alliance et al. v. Noem et al., 25-cv-05687 (N.D. Ca.).
The government is expected to appeal the district court decision. However, if the postponement remains in effect on August 5 and September 8 – the prior TPS designation termination dates – the Department of Homeland Security (DHS) is expected to provide guidance on how TPS beneficiaries can document their continuing status and work authorization through November 18.
Background
Honduras and Nicaragua were initially designated for TPS in 1999. During the first Trump administration, DHS took steps to terminate the designations but court challenges prevented it from doing so. In June 2023, the Biden-era DHS formally withdrew the TPS terminations and extended the countries’ designations through July 5, 2025. On July 7, 2025, DHS announced the termination of TPS designations for the countries, with a 60-day transition period through September 8, 2025.
Nepal was initially designated for TPS on June 24, 2015. The designation was followed by several extensions, some of which were issued to comply with ongoing litigation after the first Trump Administration took action in 2018 to terminate the designation. On June 21, 2023, the Biden-era DHS published a Federal Register notice rescinding the prior Trump administration’s termination of Nepal TPS and extending the designation through 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 the instant lawsuit to challenge these TPS terminations under the Administrative Procedure Act and the equal protection 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.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
