The Ninth Circuit Court of Appeals on the West Coast handed the Department of Homeland Security a significant legal win on Wednesday, ruling in favor of the agency’s ability to revoke refugee status for illegal immigrants from three key countries.
The panel of judges unanimously sided with Homeland Security Secretary Kristi Noem, who had been sued by the National TPS Alliance following the July decision to end TPS for Honduran, Nicaraguan, and Nepalese migrants.
Noem’s chief spokeswoman emphasized that Temporary Protected Status (TPS) is, by definition, meant to be temporary, citing concerns over “unvetted immigration” under the program.
“This is another major legal victory for the Trump administration, the rule of law, and the safety of the American public. Temporary Protected Status was always intended to be temporary,” said Assistant Secretary Tricia McLaughlin.
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“TPS was never designed to function as a de facto asylum system, yet previous administrations have treated it that way for decades, allowing hundreds of thousands of foreigners into the country without proper vetting. This unanimous decision will help restore integrity to our immigration system and protect our homeland.”
Temporary Protected Status, defined in the Immigration and Nationality Act of 1990, allows people from countries affected by armed conflict or environmental disasters to remain in the U.S. for a limited period. Beneficiaries receive work and travel authorization and are shielded from deportation for as long as the federal government maintains the designation.
Tens of thousands of migrants rely on this particular TPS grant. DHS has also sought to end a separate designation for Venezuelan migrants.
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Earlier, a lower court temporarily blocked DHS’ attempt to rescind TPS for Nicaraguan, Nepalese, and Honduran migrants for four months while the case was fully reviewed.
The three-judge appellate panel intervened Wednesday, affecting approximately 60,000 migrants under this TPS group, according to CBS News.
On Thursday, the American Civil Liberties Union shared statements from TPS holders expressing concern and frustration over the ruling.
“I am heartbroken by the court’s decision. I’ve lived in the U.S. for years, and my kids are U.S. citizens and have never even been to Nepal,” said Sandhya Lama, a Nepalese TPS holder.
“We are not an ‘emergency.’ We are families, workers, and neighbors who have built our lives here. Despite this setback, we will continue to fight for justice. This decision will not silence us. Our voices will be heard.”
“I can’t believe the government wants to strip away my legal status and separate me from my child. I have not been to Honduras since I was a baby,” added Jhony Silva, a Honduran native and plaintiff in the case.
