88,700 Face Immediate Deportation

The Ninth Circuit Court of Appeals just overturned a lower court’s ruling, allowing the Trump administration to proceed with ending deportation protections for nearly 90,000 migrants—a major victory for immigration enforcement that immigrant advocates claim will devastate families who’ve lived legally in America for decades.

Story Snapshot

Ninth Circuit stayed district court ruling that blocked TPS terminations for Honduras, Nepal, and Nicaragua, affecting approximately 88,700 migrants
Trump administration can now terminate Temporary Protected Status despite lower court finding the decision violated federal law
Long-term TPS holders, including essential workers and parents of U.S. citizens, now face deportation and loss of work authorization
District court had ruled in December 2025 that DHS Secretary Kristi Noem’s terminations were arbitrary and politically motivated

Trump Administration Secures Key Immigration Win

The Ninth Circuit Court of Appeals granted an emergency stay in early 2026, freezing a December 31, 2025 district court decision that had restored Temporary Protected Status for migrants from Honduras, Nepal, and Nicaragua. DHS Secretary Kristi Noem announced the terminations in June and July 2025, citing improved conditions in the affected countries. The stay permits these terminations to take effect immediately, enabling the administration to move forward with enforcement actions against approximately 88,700 individuals who had been living and working legally in the United States under TPS protections granted after natural disasters struck their home countries decades ago.

District Court Found Terminations Unlawful Under Federal Law

Judge Trina L. Thompson of the Northern District of California issued a comprehensive ruling on December 31, 2025, finding that the Trump administration’s TPS terminations violated the Administrative Procedure Act. The district court determined that DHS had engaged in “pre-ordained” political decision-making that distorted the required country conditions review process. Every judge who conducted a full merits review of similar TPS termination cases ruled them illegal, according to UCLA law professor Ahilan Arulanantham, who represents plaintiffs in the case. The district court’s decision restored protections and work authorization for affected migrants, many of whom had resided in the U.S. since the 1990s.

Emergency Stay Overrides Merits-Based Court Victory

The Ninth Circuit’s emergency stay represents an unusual procedural move that allows the Trump administration to proceed with terminations despite not yet winning on the legal merits of the case. Immigration attorneys argue this pattern of emergency stays circumvents the normal judicial process and erodes rule of law protections. The appellate panel indicated in its ruling that the terminations were likely not “arbitrary or capricious,” contradicting the lower court’s detailed findings. This stay follows an earlier August 2025 interim stay that also permitted terminations to move forward while litigation continued. Plaintiffs have vowed to continue their legal fight and may appeal to the Supreme Court.

Essential Workers and Families Face Immediate Consequences

The affected TPS holders include frontline healthcare workers who served during the COVID pandemic, nursing assistants, and single mothers raising U.S. citizen children. Honduras received TPS designation following Hurricane Mitch in 1998, affecting approximately 72,000 current holders. Nicaragua also gained protections after the same 1998 hurricane, with about 4,000 holders. Nepal’s designation came after the devastating 2015 earthquake, affecting roughly 12,700 individuals. These migrants now face immediate loss of work authorization, potential detention, and deportation to countries where conditions remain unstable. Economic sectors including healthcare, childcare, and construction will experience workforce disruptions as employers lose experienced workers who have been contributing to American communities for decades.

Constitutional Concerns Over Executive Immigration Authority

This case highlights ongoing tensions between executive immigration enforcement powers and judicial oversight designed to prevent arbitrary government actions. The Administrative Procedure Act exists precisely to ensure federal agencies follow proper procedures and base decisions on factual evidence rather than political motivations. Advocates argue the Trump administration predetermined its conclusion to terminate TPS regardless of actual country conditions, undermining the statutory framework Congress established. The pattern of emergency appellate stays bypassing full merits review raises concerns about erosion of due process protections. Jose Palma of the National TPS Alliance has called on Congress to provide permanent legislative solutions, recognizing that temporary protections leave families vulnerable to shifting political winds and executive overreach.