On Thursday, July 31, 2025, a federal judge in the Northern District of California issued an order that suspends the administration's termination of Temporary Protected Status (TPS) for 60,000 individuals from Honduras, Nepal, and Nicaragua, while the legal proceedings concerning the merits of terminating TPS are in progress. This order effectively delays the administration's termination of TPS protection for individuals from these three nations, which was set to conclude on August 5 for Nepal and September 8 for Honduras and Nicaragua. The court determined that decision violated the Administrative Procedure Act.
TPS was created by Congress through the Immigration Act of 1990 to meet the United States' commitments under the United Nations Protocol Relating to the Status of Refugees. This status is a temporary immigration classification granted to citizens of specific designated countries that are experiencing ongoing armed conflict, environmental disasters, or other extraordinary and temporary situations. TPS offers employment authorization and safeguards against deportation for foreign nationals from these nations who are present in the United States at the time the U.S. government issues the designation.
TPS holders who are affected by the ruling have legally resided in the U.S. for over 10 years for Nepali TPS holders, and over 25 years for individuals from Honduras and Nicaragua. The DHS termination would require these individuals to depart the United States within a 60-day window.
On August 1, 2025, The Department of Homeland Security released a statement confirming the postponement of the termination but did not clarify the impact of the order on the termination of the TPS benefit for individuals from these countries. Littler will be monitoring whether the DHS issues updated guidance on this matter.
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