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A federal appeals court in San Francisco granted a stay allowing the government to proceed with terminating Temporary Protected Status (TPS) for immigrants from Nepal, Honduras and Nicaragua.
The Ninth Circuit Court of Appeals issued an order freezing a lower court ruling that would have vacated Department of Homeland Security (DHS) Secretary Kristi Noem’s decision to end the protections.
Homeland Security Secretary Kristi Noem speaks at a press conference in New York City, Jan. 8, 2026. (David ‘Dee’ Delgado/Reuters)
The court found the government was likely to succeed on the grounds that the DHS decision was not “arbitrary or capricious,” suggesting that the decision-making process was rational.
“The government is likely to prevail in its argument that the Secretary’s decision-making process in terminating TPS for Honduras, Nicaragua, and Nepal was not arbitrary and capricious,” court documents said.
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