In a major legal development, a federal judge in the Northern District of California has postponed the termination of Temporary Protected Status (TPS) for nationals of Honduras, Nepal, and Nicaragua. This decision, issued on July 31, 2025, blocks the Department of Homeland Security (DHS) from ending TPS for these countries and extends work authorization for affected individuals through November 18, 2025.
Why the Extension Happened
The court found that DHS failed to follow the Administrative Procedure Act (APA), which requires agencies to provide clear reasoning and follow established procedures when making policy changes. The judge also noted that the 60-day wind-down period DHS had proposed was inconsistent with past practice, which typically allowed for at least six months of transition.
This ruling affects approximately 60,000 TPS recipients who have lived in the U.S. for many years, over 25 years in the case of Honduran and Nicaraguan nationals, and more than a decade for Nepali nationals.
Current Status of Work Authorization
As of August 4, 2025, USCIS, per its website, has extended certain Employment Authorization Documents (EADs) for Honduras, Nepal, and Nicaragua TPS recipients through November 18, 2025. The specific EADs that were extended are listed on the respective USCIS TPS pages under Automatic Employment Authorization Document Extension sections.
Honduras' TPS designation and related benefits had been slated to terminate on September 8, 2025; Nicaragua's TPS designation and related benefits on September 8, 2025 and Nepal's TPS designation and related benefits on August 5, 2025
Employers should monitor USCIS updates closely and update pertinent Forms I-9.
What Employers Should Do Now
To stay compliant with I-9 requirements:
- Review TPS documentation for employees from Honduras, Nepal, and Nicaragua and update the affected Form I-9.
- Review USCIS' guidance on completing the Form I-9 for automatic extensions.
- Note the new expiration date of November 18, 2025 for work authorization.
What's Next?
The government may appeal the court's decision, which could impact the current extension. However, unless and until a higher court overturns the ruling, November 18, 2025 remains the effective expiration date for TPS-based work authorization for these three countries.
A hearing is scheduled for November 18, 2025, where the court will determine whether to further extend the postponement or allow DHS to proceed with termination.
Final Thoughts
This court-ordered extension provides temporary relief and stability for thousands of TPS recipients and their employers. However, the situation remains fluid, and stakeholders should stay informed about further legal and administrative developments.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
