Appeals Court Paves Way for Trump Administration to End Protected Status for Thousands
A significant development in immigration policy has unfolded, as an order from an appeals court on Monday has now cleared the path for the Trump administration to terminate Temporary Protected Status (TPS) for tens of thousands of immigrants. This decision overturns a previous injunction that had halted the administration’s efforts to end the program for these individuals.
Judges presiding over the Ninth Circuit Court of Appeals granted a motion put forth by President Trump’s legal team. This motion sought to stay, or temporarily suspend, a lower court’s order that had prohibited the administration from ending TPS for the affected immigrants while a trial on the matter was pending.
The appeals court’s ruling hinges on the authority vested in the Secretary of Homeland Security. According to the court’s order, the Secretary possesses the power to “review the conditions” of the countries from which immigrants granted TPS originally hailed. This review process is crucial for determining whether the continued designation of TPS for these nations remains appropriate.
The Department of Homeland Security Secretary, Kristi Noem, expressed her approval of the ruling via a statement posted on her personal X account. She hailed the decision as “A win for the rule of law and vindication for the US Constitution.” Secretary Noem further elaborated, stating, “Under the previous administration, Temporary Protected Status was abused to allow violent terrorists, criminals, and national security threats into our nation.”
She continued to explain the rationale behind the administration’s stance, asserting that “TPS was never designed to be permanent, yet previous administrations have used it as a de facto amnesty program for decades. Given the improved situation in each of these countries, we are wisely concluding what was intended to be a temporary designation.”
The Legal Challenge to Ending TPS
This latest court order arises from a legal battle initiated by a lawsuit that challenged the Trump administration’s decision to end TPS for immigrants originating from Honduras, Nepal, and Nicaragua. The lawsuit argued that the termination of these protections was unlawful.
Previously, in December 2025, a District Court judge had ruled in favour of the plaintiffs, deeming the administration’s move to end TPS for these specific groups as illegal. This ruling was based on findings that Secretary Noem had made a “pre-ordained decision” to end the protections, as reported by the ACLU. The ACLU’s involvement highlights the significant legal scrutiny and opposition faced by the administration’s immigration policies.
The implications of this appeals court decision are far-reaching, impacting the lives of thousands of individuals who have been living and working in the United States under TPS. The program, designed to offer refuge to individuals from countries experiencing armed conflict, natural disasters, or other extraordinary conditions, has become a focal point of intense debate regarding immigration reform and national security.
Understanding Temporary Protected Status (TPS)
Temporary Protected Status (TPS) is a humanitarian program that allows individuals from designated countries, who are otherwise inadmissible or unable to safely return to their home countries, to live and work in the United States temporarily. The designation of a country for TPS is made by the Secretary of Homeland Security, who assesses the conditions in that country.
Key aspects of TPS include:
- Eligibility: Individuals must be present in the United States on or before the designation date for their country. They must also meet certain eligibility requirements, such as continuous physical presence in the U.S. and demonstrating good moral character.
- Benefits: TPS provides beneficiaries with protection from deportation and a work permit (Employment Authorization Document – EAD). It does not, however, confer permanent residency or a direct pathway to citizenship.
- Re-designation and Termination: The Secretary of Homeland Security reviews the conditions in designated countries periodically. Based on this review, TPS can be extended (re-designated) for additional periods or terminated. Termination means that individuals who were previously granted TPS must depart the United States or find another legal immigration status.
The debate surrounding the termination of TPS often centres on the economic and social contributions of TPS holders, the humanitarian concerns for those who would be forced to return to unstable or dangerous home countries, and national security considerations. Advocates for immigrants often argue that terminating TPS disrupts established lives and communities, while proponents of termination, like Secretary Noem, emphasize the temporary nature of the program and the need to uphold immigration laws. The ongoing legal battles underscore the complex and often contentious nature of U.S. immigration policy.
