Federal Court Blocks Termination of TPS for Honduras, Nepal and Nicaragua

Key Point  

• A federal judge in the Northern District of California has issued multiple rulings that prevent the DHS from implementing its recent decisions to terminate Temporary Protected Status for Honduras, Nepal and Nicaragua 

TPS for Honduras, Nepal and Nicaragua 

On December 31, 2025, the U.S. District Court for the Northern District of California issued an extensive order addressing several motions in National TPS Alliance et al. v. Noem et al., Case No. 25‑cv‑05687‑TLT. The court: 

• Denied DHS’s motion to dismiss, allowing the plaintiffs’ claims to proceed. 
• Rejected DHS’s jurisdictional arguments, finding that the TPS statute does not bar judicial review of the agency’s termination decisions. 
• Granted in part the plaintiffs’ motion for partial summary judgment, concluding that DHS’s TPS termination decisions for Honduras, Nepal, and Nicaragua violated the Administrative Procedure Act (APA). 
• Denied DHS’s motion for summary judgment on the APA and Equal Protection claims. 
• Excluded several DHS‑challenged expert witnesses, while allowing one expert to testify. 

The court found that DHS failed to engage in required “reasoned decision‑making” when terminating TPS designations and identified concerns about the agency’s process, including the absence of updated country conditions reports, narrowed review criteria, and evidence suggesting predetermined outcomes. 

As a result of the ruling, DHS is temporarily barred from implementing the TPS terminations for Honduras, Nepal and Nicaragua while litigation continues. 

What This Means 

TPS protections and related employment authorization for beneficiaries from Honduras, Nepal and Nicaragua remain in place while the case proceeds. Additional guidance from DHS or USCIS may follow, depending on the next steps in the litigation. 

What is TPS? 

The U.S. government grants TPS to nationals of specific countries facing ongoing armed conflict, environmental disasters or extraordinary temporary conditions. This status allows eligible foreign nationals already in the U.S. at the time of designation to obtain work authorization and protection from deportation. The decision to designate a country for TPS, as well as the duration of such designations, is at the discretion of the Secretary of Homeland Security. 

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