Trump administration illegally ended TPS for three countries, federal court rules

San Francisco, California - A federal court on Wednesday ruled that the Trump administration had illegally terminated Temporary Protected Status for Honduras, Nicaragua, and Nepal.

Immigrants' rights activists hold signs reading "TPS for Nicaragua" during a demonstration in Washington DC.  © KEVIN DIETSCH / GETTY IMAGES NORTH AMERICA / GETTY IMAGES VIA AFP Photo by KEVIN DIETSCH / GETTY IMAGES NORTH AMERICA / GETTY IMAGES VIA AFP

Homeland Security Secretary Kristi Noem "made a pre-ordained decision to end TPS and influenced the conditions review process to facilitate TPS terminations for Honduras, Nicaragua, and Nepal," US District Court Judge Trina L. Thompson wrote in her 52-page decision, rejecting the government's request to dismiss the case.

The ruling found Noem had failed to comply with the Administrative Procedure Act, which requires consideration of country conditions and consultation with the US State Department before ending TPS.

TPS is a temporary legal status granted to nationals of designated countries who cannot safely return due to war, natural disasters, or other "extraordinary" conditions.

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"TPS has provided me and my children essential humanitarian protection," Sandhya Lama, a 43-year-old plaintiff from Nepal and mother of three US citizen children, said in a statement.

"I am grateful that this order means that I can return to work and live safely in the United States, but the Secretary should never have been allowed to act with such disregard for the law," added Lama, who has lived in the US since 2008.

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TPS holders welcome court's decision on unlawful terminations

Immigrants' rights advocates wave a National TPS Alliance flag in Boston, Massachusetts.  © IMAGO / Newscom World

The second Trump administration has taken aim at TPS amid a broader assault on immigrant communities across the US.

"The court’s order today is a tremendous relief, but the administration’s decision to terminate TPS has already wreaked havoc for me and so many others," said Jhony Silva, a 29-year-old plaintiff from Honduras.

"I have lived in the United States since I was three years old, but lost my job as a certified nursing assistant because of the termination, and had to stop my studies to become a nurse. I hope that this means my child and I can be secure in the United States for the time being, but we will not give up fighting to protect our rights and the rights of others."

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The National TPS Alliance and seven TPS holders sued the Department of Homeland Security in July in a bid to protect tens of thousands of people from potential deportations and family separations.

"The National TPS Alliance celebrates today's decision in favor of our members from Honduras, Nepal, and Nicaragua," said the group's coordinator, Jose Palma. "Once again, the courts have affirmed that the attempt to terminate TPS was unlawful."

"This victory brings hope to over 60,000 TPS recipients whose protection has been unlawfully stripped away, leaving them vulnerable to deportation," Palma continued.

"The court's decision is a testament to the resilience and determination of TPS holders and their allies. Now, it's time for lawmakers to listen and act."

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