A recent appellate court development has shifted the legal landscape for Temporary Protected Status (TPS) holders from Honduras, Nepal, and Nicaragua.
The U.S. Court of Appeals for the Ninth Circuit has allowed the federal government’s prior TPS termination decisions to move forward while litigation continues. As a result, earlier district court relief that had temporarily restored protections is no longer controlling during the appeal process.
This change may affect both individuals and employers immediately.
Where Things Stand Now
Last year, a federal trial court set aside DHS’s decisions ending TPS for these three countries. That ruling temporarily restored related benefits, including employment authorization.
However, the appellate court has now paused that lower court decision while it reviews the case. During this pause, the government’s TPS termination determinations are back in effect.
For affected nationals, TPS-based employment authorization may no longer be valid unless another lawful basis exists.
Impact on Individuals
If you previously relied only on TPS from Honduras, Nepal, or Nicaragua:
- Review whether you have another pending or approved immigration benefit.
- Confirm whether any separate employment authorization category applies.
- Do not assume that prior EAD validity continues.
Each person’s situation is fact-specific and should be evaluated carefully.
Employer Responsibilities
Employers who relied on the earlier district court ruling when retaining or rehiring TPS workers should now reassess those employment eligibility determinations.
Practical steps may include:
- Reviewing affected I-9 records
- Confirming whether alternative work authorization exists
- Ensuring consistent application of verification procedures
- Avoiding selective reverification practices
Employment decisions must be based strictly on valid documentation and applied uniformly across the workforce.
Is This Final?
No.
The appeal remains pending. The Ninth Circuit’s order addresses the procedural posture of the case, not the final merits determination.
Future rulings could again alter the status of TPS for these countries.
Frequently Asked Questions
Does this mean TPS is permanently over for these countries?
No. The underlying legal challenge continues.
Can someone keep working if they only had TPS-based authorization?
If no other lawful employment basis exists, the ability to continue working may be affected.
Should employers immediately terminate workers?
Employers should first review documentation and consult immigration counsel before taking action.
Bottom Line
The legal status of TPS for Honduras, Nepal, and Nicaragua has shifted again. Both individuals and employers should reassess compliance obligations promptly and avoid relying on outdated court rulings.
Given the rapid pace of litigation in this area, careful case-by-case review is essential.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.