A federal judge in California on Wednesday voided the Trump administration’s move to terminate the Temporary Protected Status of roughly 60,000 immigrants from Honduras, Nepal and Nicaragua, calling it a “pre-ordained decision.”
Homeland Security Secretary Kristi Noem announced the termination of the TPS programs for Honduras, Nepal and Nicaragua in June and July, saying the three countries had recovered from the environmental disasters that prompted the U.S. government to grant their nationals temporary legal refuge.
Created by Congress in 1990, the TPS policy allows the U.S. government to give certain foreigners deportation protections and work permits, temporarily, if their native countries are facing armed conflict, an environmental disaster or another emergency that makes their return unsafe.
In late July, U.S. District Court Judge Trina Thompson delayed the termination of the TPS programs for Honduras, Nepal and Nicaragua, issuing a preliminary finding that the Trump administration failed to consider lingering problems in three nations and that the decision to terminate the policies was motivated by racial animus, or racial hostility. That ruling was paused in August by an appeals court, allowing the Trump administration to end the programs.
But Thompson issued a summary judgment on Wednesday, finding that the effort to revoke the legal status of tens of thousands of Hondurans, Nepalis and Nicaraguans was unlawful. She said Noem’s move “was preordained and pretextual rather than based on an objective review of the country conditions as required by the TPS statute and the (Administrative Procedures Act).”
“The record specifically reflects that, before taking office, the Secretary made a pre-ordained decision to end TPS and influenced the conditions review process to facilitate TPS terminations for Honduras, Nicaragua, and Nepal,” Thompson wrote in her order.
The TPS designations for Honduras and Nicaragua were first created in the late 1990s, after the devastation caused by Hurricane Mitch, which killed thousands in Central America. Many of those previously enrolled in those programs arrived in the U.S. more than two decades ago. The TPS policy for Nepal was established in 2015, following a deadly earthquake in the small Asian nation.
The Trump administration has mounted an aggressive effort to dismantle most TPS programs, arguing the policy attracts illegal immigration and that it has been abused by Democratic administrations and extended for far too long. It has also moved to terminate TPS protections for hundreds of thousands of immigrants from Afghanistan, Cameroon, Ethiopia, Haiti, Myanmar, Sudan, Syria and Venezuela.
CBS News reached out to the Department of Homeland Security seeking comment on Wednesday’s order.
Ahilan Arulanantham, co-director of the UCLA Center for Immigration Law and Policy, said Wednesday’s ruling should allow TPS holders from Honduras, Nicaragua and Nepal to work in the U.S. legally and prevent federal immigration officials from detaining and deporting them.
“The court’s decision today restores TPS protections for thousands of long-term law-abiding TPS-holding residents from Honduras, Nepal, and Nicaragua,” Arulanantham said.