This is an appeal of the district court’s order to stay the effective terminations of TPS for the affected countries (Honduras, Nepal, and Nicaragua) until at least November 18, 2025. At the court below, Plaintiffs—National TPS Alliance (NTPSA) and seven individual plaintiffs—bring this litigation challenging the Trump administration’s termination of Temporary Protected Status (TPS) for nationals of Honduras, Nepal, and Nicaragua. As a result, Nepali TPS holders stand to lose their status by August 5, 2025, and Honduran and Nicaraguan TPS holders losing their status by September 5, 2025.
The government filed a motion to stay the district court’s postponement order while the full appeal of the order is pending on August 8. The Ninth Circuit held a hearing for this motion on August 19, and on August 20, the three-judge panel granted the government’s stay request of the district court’s order.
Technical Summary:
Plaintiffs allege that the Secretary of DHS’s actions in terminating Honduran, Nepali, and Nicaraguan TPS and providing inadequate notice violates the Administrative Procedure Act (arbitrary and capricious, and abuse of discretion, otherwise not in accordance with law), and the equal protection guarantee of the Due Process Clause of the Fifth Amendment.
Plaintiffs seek declaratory relief in addition to a postponement or stay of the TPS terminations at issue.
