In a major win from the judiciary, on February 9, 2026, the Ninth Circuit Court of Appeals granted a stay, allowing DHS Secretary Kristi Noem to proceed with terminating Temporary Protected Status (TPS) for immigrants from Nepal, Honduras, and Nicaragua.
For context, the court stayed a December 31, 2025, district court order by Judge Trina Thompson, which found the government is likely to succeed, that TPS terminations are not arbitrary or capricious, and that terminations may be unreviewable, a major win for the administration as it goes about its immigration crackdown.
Likewise, AG Pam Bondi hailed it as a win for Trump’s deportations. The TPS was challenged by the National TPS Alliance as unlawful under the APA, and the new ruling appears poised to affect as many as 90,000 long-term residents using the program.
Reacting to the major win, AG Pam Bondi made a triumphant post to social media. “This is a crucial legal win from @TheJusticeDept attorneys that helps clear the way for President Trump’s continued deportations,” she stated. “As the court found, “the government is likely to prevail in its argument” that ending Temporary Protected Status for some immigrants is sound and lawful policy. We are proud to represent the Trump Administration in court every day,” Bondi noted.
Starting off the explanation, the Ninth Circuit Court of Appeals ruling provided, “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.”
Additionally, the court noted, “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.”
Responding to the ruling, one conservative noted, “Huge WIN for rule of law! Ninth Circuit sides with Trump DHS—stays lower court block on ending TPS for Nicaragua, Nepal, Honduras. Govt likely wins on merits: Secretary Noem’s terminations lawful, supported by record, no need to chase ‘intervening conditions’ forever.”
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Kristi Noem noted, “A win for the rule of law and vindication for the US Constitution. Under the previous administration, Temporary Protected Status was abused to allow violent terrorists, criminals, and national security threats into our nation.”
She added, “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.”
Likewise, the official DHS account stated, “Temporary Protected Status was designed to be just that—TEMPORARY. Haiti’s TPS was granted following an earthquake that took place over 15 years ago, it was never intended to be a de facto amnesty program, yet that’s how previous administrations have used it for decades. President Trump and Secretary Noem are restoring integrity to our immigration system and will continue to enforce federal immigration law.”
Supporting this statement with an incisive argument, the same post explained, “TPS was never meant to be a permanent residency backdoor. Trump’s team delivering secure borders & America First—deportations moving forward!”
Watch Karoline Leavitt comment on another major win of Trump’s in the courts here: