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A federal appeals court ruled on Monday that the Department of Homeland Security can end Temporary Protected Status for three countries, marking a significant immigration enforcement victory for the Trump administration.
The 9th U.S. Court of Appeals unanimously determined that the DHS can end deportation protections for roughly 90,000 immigrants from Nepal, Honduras, and Nicaragua.
‘TPS was never designed to be permanent, yet previous administrations have used it as a de facto amnesty program for decades.’
The decision overturned a December order from District Judge Trina Thompson of San Francisco.
“The rule of law demands that when executive officials exceed their authority, they must be held to account,” Thompson wrote, claiming that DHS’ termination of TPS for Nepal, Honduras, and Nicaragua was “unlawful.”
The appellate court found that the lower court erred, stating that the Trump administration is likely to succeed in its argument regarding DHS Secretary Kristi Noem’s decision-making process, adding that the decision was neither “arbitrary nor capricious.”
“Specifically, the government can likely show that the administrative record adequately supports the Secretary’s action, that the TPS statute does not require the Secretary to consider intervening country conditions arising after the events that led to the initial TPS designation, and that the Secretary’s decision not to consider intervening conditions does not amount to an unexplained change in policy,” the appellate court wrote.
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Honduras and Nicaragua joined the TPS program in 1999 after Hurricane Mitch, and Nepal joined in 2015 following a 7.8 magnitude earthquake.
DHS Secretary Kristi Noem responded to the court’s decision in a post on social media, calling it “a win for the rule of law and vindication for the U.S. Constitution.”
RELATED: Trump’s DHS rolls back more of Biden’s immigration handouts for foreign nationals
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“Under the previous administration, Temporary Protected Status was abused to allow violent terrorists, criminals, and national security threats into our nation,” Noem continued. “TPS was never designed to be permanent, yet previous administrations have used it as a de facto amnesty program for decades. Given the improved situation in each of these countries, we are wisely concluding what was intended to be a temporary designation.”
The Trump administration has moved to terminate TPS for numerous countries as part of its immigration enforcement efforts. TPS protects foreign nationals from deportation when temporary conditions in their home countries, such as ongoing armed conflicts and environmental disasters, prevent their safe return. TPS beneficiaries can obtain employment authorization to work in the U.S. during their stay. There are currently 15 countries designated for TPS.
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