Temporary Relief for Immigrants
A federal judge in California has granted a temporary reprieve to immigrants from Honduras, Nepal, and Nicaragua who were facing the termination of their legal status and deportation protections under the Temporary Protected Status (TPS) program. This ruling protects over 60,000 individuals who had resided in the United States legally for years, some since the late 1990s.
Background on Temporary Protected Status
TPS was established by Congress in 1990, allowing the Department of Homeland Security (DHS) to provide temporary refuge to immigrants from countries experiencing armed conflict, natural disasters, or other crises. Many TPS recipients either entered the U.S. without legal permission or arrived on temporary visas and later applied for the program.
Upcoming Changes and Court Ruling
Initially, TPS holders from Nepal were set to lose their legal protections on August 5, while those from Honduras and Nicaragua were facing an expiration of their protections in early September. U.S. District Judge Trina Thompson, based in San Francisco, has now ordered that the TPS terminations be delayed at least until November 18, during which time she will conduct a hearing regarding a lawsuit that challenges the Trump administration’s decision.
Reasons Behind the Ruling
Judge Thompson highlighted that the TPS recipients challenging the administration’s actions were likely to succeed. She criticized DHS Secretary Kristi Noem’s claims that the conditions in those countries had improved enough to terminate their protections, suggesting that these conclusions were made without giving proper consideration to the ongoing challenges in Honduras, Nepal, and Nicaragua.
Concerns About Racial Motives
Thompson further indicated that evidence points to Noem’s decisions being influenced by racial bias. She referenced Noem’s statements that appeared to stereotype immigrants associated with TPS, as well as comments made by former President Trump equating immigrants with societal harm. “The freedom to live fearlessly, the opportunity of liberty, and the American dream. That is all Plaintiffs seek,” Thompson stated. “Instead, they are told to atone for their race, leave because of their names, and purify their blood. The Court disagrees.”
Current Status of TPS Holders
According to government data, there are approximately 72,000 Hondurans, 12,700 Nepalis, and 4,000 Nicaraguans with TPS. Some individuals among these groups have achieved green card status, with 21,000 Hondurans, around 5,500 Nepalis, and approximately 1,100 Nicaraguans securing lawful permanent residency.
Future of TPS Programs
Since taking office, the Trump administration has attempted to terminate TPS for many groups, including immigrants from Afghanistan, Cameroon, Haiti, and Venezuela. Although some terminations have been blocked by federal courts, the Supreme Court previously allowed the termination of TPS protections for more than 300,000 Venezuelans.
