The Honduras TPS lawsuit, National TPS Alliance v. Noem, produced a federal court ruling in December 2025 declaring the Trump administration’s termination of Temporary Protected Status for Honduras unlawful, but a Ninth Circuit stay issued in February 2026 has kept the termination in effect while the case remains on appeal. The Supreme Court is expected to resolve the underlying legal question — whether courts can review TPS termination decisions at all — through separate cases involving Syria and Haiti, with a ruling expected by summer 2026.
Where Honduran TPS Holders Stand Right Now
As of mid-2026, TPS for Honduras is terminated. The termination took effect on September 8, 2025, and employment authorization documents tied to Honduran TPS became invalid on that date.1E-Verify. Termination of TPS for Nepal, Honduras, and Nicaragua The government does not currently recognize the lawful status of former Honduran TPS holders, and they can be detained and placed in removal proceedings.2USCIS. Temporary Protected Status Designated Country Honduras
That status quo exists despite a district court ruling that ordered TPS restored. On December 31, 2025, Judge Trina L. Thompson of the U.S. District Court for the Northern District of California granted summary judgment for the plaintiffs and vacated the termination. The Ninth Circuit stayed her order on February 9, 2026, and denied rehearing en banc on April 6, 2026.3National TPS Alliance. NTPSA v. Noem FAQ Honduras Nepal Nicaragua
The district court order has not been reversed on the merits. According to plaintiffs’ counsel, detained Honduran nationals may still invoke the December 31 ruling through habeas corpus petitions filed in the federal district where they are held.3National TPS Alliance. NTPSA v. Noem FAQ Honduras Nepal Nicaragua
Who Sued and What They Argued
The National TPS Alliance and seven individual TPS holders filed the lawsuit on July 7, 2025, in the U.S. District Court for the Northern District of California. It is docketed as No. 3:25-cv-05687.4Civil Rights Litigation Clearinghouse. National TPS Alliance v. Noem The Honduran individual plaintiffs included Jhony Silva, a certified nursing assistant who had lived in the United States since age three, alongside plaintiffs from Nepal and Nicaragua whose terminations were challenged in the same case.5National TPS Alliance. Plaintiffs Motion to Postpone Effective Date of Agency Action
The plaintiffs are represented by a coalition that includes the ACLU Foundations of Northern and Southern California, the Center for Immigration Law and Policy at UCLA School of Law, the National Day Laborer Organizing Network, the Haitian Bridge Alliance, and the law firm Sidley Austin.6Asian Americans Advancing Justice – Asian Law Caucus. TPS Holders From Honduras and Nepal Sue Trump Administration
The core legal claim is that DHS Secretary Kristi Noem violated the Administrative Procedure Act. The complaint alleges she made a “pre-ordained decision” to end TPS rather than conducting the genuine review of country conditions the statute requires, and that she failed to consult with the State Department as the law mandates.7ACLU of Southern California. Federal Court Rules Trump Administration Illegally Ended TPS for Honduras, Nepal, and Nicaragua The plaintiffs also argued that the terminations were motivated by racial animus in violation of equal protection.8ACLU of Northern California. Federal Judge Orders Trump Administration Delay Termination of TPS Humanitarian Protection for 60,000
What the District Court Decided
Judge Thompson ruled for the plaintiffs twice.
On July 31, 2025, she granted a motion to postpone the effective date of the terminations, finding that the plaintiffs were likely to succeed on their claims that the decisions were “motivated by racial animus, and based on a preordained determination to end the TPS program, rather than an objective review of the country conditions.” That order was intended to extend protections and work authorization through at least a November 18, 2025 merits hearing.8ACLU of Northern California. Federal Judge Orders Trump Administration Delay Termination of TPS Humanitarian Protection for 60,000
On December 31, 2025, she issued a 52-page decision granting summary judgment. The court held that Secretary Noem “made a pre-ordained decision to end TPS and influenced the conditions review process to facilitate TPS terminations for Honduras, Nicaragua, and Nepal,” and that she failed to conduct the required consideration of country conditions and failed to consult with the State Department.7ACLU of Southern California. Federal Court Rules Trump Administration Illegally Ended TPS for Honduras, Nepal, and Nicaragua
The ruling vacated the termination decisions and ordered TPS restored for roughly 60,000 people across the three countries. Under the order, employers were required to honor the affected TPS holders’ employment authorization documents, and the government was barred from detaining or deporting people based on their terminated status.9UCLA School of Law. Federal Court Rules Trump Administration Illegally Ended TPS for Honduras, Nepal, and Nicaragua
Why the Termination Is Still in Effect
The Ninth Circuit has twice sided with the government on stays.
The first stay came on August 20, 2025, when the appeals court paused Judge Thompson’s July postponement order. Nepal’s TPS ended that same day; Honduras and Nicaragua followed on September 8, 2025.10LeadingAge. Federal Court Ruling Clears Path to End TPS for Nicaragua, Honduras, and Nepal
The second, more consequential stay came on February 9, 2026, when the Ninth Circuit paused Judge Thompson’s December vacatur order pending appeal. Applying the four-factor test from Nken v. Holder, the panel concluded the government was likely to succeed on its argument that TPS termination decisions are unreviewable under a judicial-review bar in the TPS statute at 8 U.S.C. § 1254a(b)(5)(A). The panel also cited Supreme Court guidance in Trump v. Boyle that lower courts should follow the Supreme Court’s lead in similar cases, noting the Court had already stayed a district court order blocking a TPS termination for Venezuela.11Courthouse News Service. NTPSA v. Noem Ninth Circuit Stay Order The plaintiffs’ request for en banc rehearing was denied on April 6, 2026.3National TPS Alliance. NTPSA v. Noem FAQ Honduras Nepal Nicaragua
Not every ruling has gone the government’s way at the Ninth Circuit. In a related opinion the courts label NTPSA III, decided January 28, 2026, the appeals court held that Secretary Noem exceeded her statutory authority in a separate Venezuela and Haiti TPS matter, and that the judicial-review bar does not block APA challenges when the Secretary acts entirely outside the TPS statute.12Ninth Circuit Court of Appeals. National TPS Alliance v. Noem, 166 F.4th 739 The government asked the Ninth Circuit to vacate an earlier related opinion (NTPSA I) as moot; the court declined on March 18, 2026, calling vacatur an “extraordinary remedy.”13Ninth Circuit Court of Appeals. National TPS Alliance v. Noem, No. 25-2120
The Supreme Court Case That Will Decide the Outcome
The Honduras appeal is now on hold. In April 2026, the Ninth Circuit paused NTPSA II pending the Supreme Court’s decision in two consolidated cases: Mullin v. Dahlia Doe (No. 25-1083), which challenges the termination of TPS for Syria, and Trump v. Miot (No. 25-1084), involving Haiti. The Court granted certiorari before judgment on March 16, 2026, and heard oral argument on April 29, 2026.14Supreme Court of the United States. Dahlia Doe v. Mullin, No. 25-108315SCOTUSblog. Trump v. Miot
Those cases will resolve the two questions running through the Honduras litigation: whether the Secretary’s TPS determinations are subject to judicial review at all, and whether the APA requires the Secretary to consider particular country conditions when terminating a designation.16Supreme Court of the United States. Trump v. Miot Stay Application3National TPS Alliance. NTPSA v. Noem FAQ Honduras Nepal Nicaragua17Muslim Advocates. Reactions to SCOTUS Arguments on Cases Challenging Termination of TPS for Haiti Syria
Background: How Honduras Got TPS and Why It Was Ended
Honduras was first designated for Temporary Protected Status on January 5, 1999, after Hurricane Mitch struck Central America in October 1998. TPS is a humanitarian program under INA § 244 that lets nationals of designated countries live and work legally in the United States when armed conflict, environmental disaster, or other extraordinary conditions make safe return impossible. The statute sets no cap on renewals, and Honduras’s designation was extended continuously for more than two decades.18Federal Register. Termination of the Designation of Honduras for Temporary Protected Status19CLINIC Legal. Temporary Protected Status Honduras
DHS put the Honduran TPS population at roughly 72,000 in 2025; a separate analysis put the figure closer to 51,225 as of March 2025.20Federal Register. Termination of the Designation of Honduras for Temporary Protected Status21Penn Wharton Budget Model. 550,000 Workers Lose Status by End of 2025
Secretary Noem terminated the designation in a Federal Register notice published July 8, 2025, concluding that the conditions caused by Hurricane Mitch were “no longer present” and that Honduras had made “significant progress in disaster recovery, infrastructure development, and economic growth.” The effective date was set for September 8, 2025, after a 60-day transition period. Plaintiffs noted in court filings that prior administrations had generally allowed six-month, twelve-month, or eighteen-month transitions when ending a designation.20Federal Register. Termination of the Designation of Honduras for Temporary Protected Status5National TPS Alliance. Plaintiffs Motion to Postpone Effective Date of Agency Action