Court ruling gives Noem victory in push to end TPS protections for three states
The reliably liberal 9th Circuit Court of Appeals issued an order freezing a lower court ruling that would have vacated the Justice Department Homeland security (DHS) Secretary Kristi Noem’s decision to end protections.
The court found that the government was likely to succeed on the basis that DHS’s decision was not “arbitrary or capricious,” suggesting that the decision-making process was rational.
“The government is likely to prevail on its argument that the Secretary’s decision-making process regarding termination of temporary protected status for Honduras, Nicaragua, and Nepal was not arbitrary and capricious,” court documents said.
Homeland Security Secretary Kristi Noem speaks at a news conference in New York City, January 8, 2026. (David de Delgado/Reuters)
Last year, Noem sought to end the refugee status of the three long-time protected countries, arguing that under TPS, the government must verify whether the initial reasons for their protection still apply.
Nepal, Honduras, and Nicaragua originally received TPS protection due to specific environmental disasters. Nepal was designated in 2015 following a devastating earthquake, while Honduras and Nicaragua were granted protection in 1999 after Hurricane Mitch.
Noem’s main spokeswoman, Assistant Secretary Tricia McLaughlin, previously noted last August that the TPS protections were always intended to be temporary.
Monday’s court ruling could pave the way for Trump’s immigration policy. (Jose Luis Magana/AP Photo)
Attorney General Pam Bondi He praised the decision, saying it would allow the Trump administration to continue its immigration policies and deport some immigrants.
“This is a decisive legal win for @TheJusticeDept She said lawyers are helping pave the way for President Trump’s continued deportations.
“As the court found, the government is likely to prevail on its argument that ending temporary protected status for some immigrants is sound and lawful policy. We are proud to represent the Trump administration in court every day.”
Noem’s ruling was previously challenged by the National TPS Coalition, which argued it was “arbitrary and capricious” and violated the Administrative Procedure Act.
On December 31, 2025, a San Francisco District Court judge sided with the plaintiffs and vacated the order terminating Secretary Noem’s employment.
Attorney General Pam Bondi celebrated the ruling Monday in a social media post, saying it would pave the way for President Trump’s continued deportations. (Tom Williams/CQ-Roll Call, Inc via Getty Images)
The Ninth Circuit Court of Appeals panel assigned to the case included Justices Hawkins, Callahan and Miller. Judge Hawkins was appointed by Bill Clinton, Judge Callahan by George W. Bush, and Judge Miller by President Donald Trump.
While Justices Callahan and Miller appear to have written the main analysis, Justice Hawkins wrote a separate concurring opinion. He agreed with the outcome based on recent Supreme Court guidance, but said he would not rule on the plaintiffs’ claims at this early stage.
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