Appeals Court Supports Trump’s Bid to End TPS for 60,000 Migrants

A federal appeals court has ruled in favor of the Trump administration’s plan to terminate Temporary Protected Status (TPS) for over 60,000 migrants from Honduras, Nicaragua, and Nepal. On Wednesday, the 9th US Circuit Court of Appeals issued a unanimous decision that permits the administration to revoke the temporary deportation protections and work permits previously granted to these individuals.

The three-judge panel, comprising Circuit Judges Michael Hawkins, Consuelo Callahan, and Eric Miller, halted a prior ruling by a lower court that had blocked the administration’s actions. Their brief, two-page ruling did not elaborate on the rationale behind the decision but stated, “The government’s motion for a stay pending appeal … is granted.”

This ruling overturns a decision made last month by District Judge Trina Thompson, a Biden appointee, who had temporarily halted the elimination of TPS for these migrants until November 18, 2023. Judge Thompson had accused Homeland Security Secretary Kristi Noem of harboring “racial animus” in her decision to end these protections. In her July 31 order, she emphasized that the plaintiffs were seeking “the freedom to live fearlessly” and criticized the administration’s policies as discriminatory.

The background of TPS for these countries stems from humanitarian crises. Following Hurricane Mitch in 1998, which devastated Honduras and Nicaragua and resulted in nearly 7,300 fatalities, the U.S. granted TPS to nationals from these countries. Similarly, Nepal was included in the TPS program after a devastating 7.8 magnitude earthquake struck in April 2015.

Earlier this year, Noem announced the planned revocation of TPS, asserting that the affected nations had made sufficient recovery from the natural disasters that initially warranted their protection. She went further to offer financial incentives, including a plane ticket and a $1,000 “exit bonus” for migrants willing to leave the United States voluntarily.

Protections for Nepalese migrants are set to expire on August 5, 2023, while those for Honduran and Nicaraguan migrants will end in September. According to Department of Homeland Security (DHS) statistics, approximately 51,000 Hondurans, 7,200 Nepalis, and 2,900 Nicaraguans currently hold TPS without a more permanent immigration status.

As the legal battle continues, the implications of this ruling may significantly impact thousands of families and individuals who have relied on TPS for stability and security in the United States. The case reflects broader discussions about immigration policy and the responsibilities of the U.S. government towards migrants affected by natural disasters and humanitarian crises.