Appeals Court Upholds Trump's Authority to End Deportation Protections for Migrants

On February 9, 2026, the 9th U.S. Court of Appeals issued a ruling allowing the Trump administration to revoke Temporary Protected Status (TPS) for nearly 90,000 migrants from Honduras, Nepal, and Nicaragua. This decision temporarily lifted a previous order from U.S. District Judge Trina Thompson, who had blocked the administration's plans to terminate TPS, citing concerns over racial animus and inadequate consideration of conditions in the migrants' home countries. The appellate court concluded that the government could likely demonstrate legitimate reasons for ending TPS, which provides deportation relief and work permits to individuals from countries experiencing armed conflict or natural disasters.

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TPS has been a critical humanitarian program since its inception in the 1990s, granting temporary legal status to migrants from countries facing severe crises. Currently, approximately 50,000 Hondurans, 7,000 Nepalis, and 3,000 Nicaraguans benefit from this program. The Trump administration has sought to eliminate TPS for over one million individuals from eight countries, arguing that the program has expanded beyond its original intent of providing temporary relief.

New York Post

Homeland Security Secretary Kristi Noem characterized the appeals court ruling as a "win for the rule of law and vindication for the US Constitution." She asserted that TPS was never intended to be permanent and accused previous administrations of using it as a "de facto amnesty program." Noem emphasized that conditions in Honduras, Nepal, and Nicaragua have improved, justifying the termination of TPS for migrants from these nations.

New York Post

Critics of the ruling, including advocates from the National TPS Alliance, argue that the decision disregards the ongoing challenges faced by migrants in their home countries. They contend that the administration's actions are motivated by racial bias and fail to consider the humanitarian implications of deporting individuals to potentially dangerous situations. Judge Thompson's earlier ruling highlighted concerns about the administration's failure to adequately assess conditions in these countries, suggesting that the motivations behind the TPS terminations may not be purely legal.

New York Post

While the appeals court ruled that the Trump administration could likely succeed in its appeal, the dissenting opinion from Judge Thompson raised significant concerns about the motivations behind the TPS terminations. The lack of detailed reasoning in the Supreme Court's prior rulings on similar cases has left some ambiguity regarding the legal standards applicable to TPS terminations.

The Hill

• “TPS was never designed to be permanent, yet previous administrations have used it as a de facto amnesty program for decades.” — Kristi Noem, Homeland Security Secretary

New York Post

• “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,” — 9th U.S. Court of Appeals ruling

New York Post

This ruling marks a significant step in the Trump administration's broader immigration policy, which has consistently aimed to restrict immigration and deport individuals from countries deemed to have improved conditions. The implications of this decision will likely resonate through ongoing legal battles and the lives of those affected by TPS.

Reuters