Migrants at Risk: Appeals Court Dealings Could Foreshadow Mass Deportations for 60,000 Central Americans and Nepalese

SAN FRANCISCO — A federal appeals court has paused a lower court’s ruling that had temporarily protected around 60,000 migrants from Central America and Nepal, siding with the Trump administration’s efforts to revoke their legal status. This decision could pave the way for the removal of approximately 7,000 Nepali individuals, whose Temporary Protected Status (TPS) was set to expire on August 5.

The 9th U.S. Circuit Court of Appeals granted an emergency stay while the National TPS Alliance, the lead plaintiff in the case, alleges that the government’s move to terminate TPS for individuals from Honduras, Nicaragua, and Nepal was unlawful. The appeal comes as the protections for an additional 51,000 Hondurans and 3,000 Nicaraguans are also set to lapse by September 8, rendering them subject to deportation.

In a decision issued on Wednesday, the appellate court wrote that the lower court’s order, which delayed the administration’s actions, will remain on hold pending further review. The appellate judges, appointed across several administrations, acknowledged the complexity of the case surrounding the fate of these migrants.

TPS, established to shield vulnerable individuals from deportation due to hazardous conditions in their home countries, has been a focal point of immigration policy under the Trump administration. Critics, including immigrant rights advocates, argue that the administration’s determination to revoke these protections disregards the realities faced by migrants, many of whom have lived in the U.S. for years, contributing to their communities and raising families.

Advocates assert that TPS holders from Nepal have established their lives in the United States for over a decade, while migrants from Honduras and Nicaragua have been here for nearly 26 years, following the devastation of Hurricane Mitch in 1998. Jessica Bansal, an attorney with the National Day Laborer Organization, noted the significance of these protections, arguing that the administration’s approach “systematically de-documents immigrants” who have long been part of American society.

The Trump administration’s rationale for ending TPS hinges on an evaluation by Secretary Kristi Noem, who determined that the conditions in the affected countries no longer justified the protections. However, U.S. District Judge Trina L. Thompson issued a strong statement on July 31, emphasizing the lack of an objective review of country conditions, particularly given the ongoing political turmoil in Honduras and recent natural disasters in Nicaragua.

Tricia McLaughlin, an official with the Department of Homeland Security, maintained that TPS was never intended to function as a perpetual asylum system, a characterization she argues previous administrations have unwittingly fostered.

As the legal battles continue, the Trump administration has already terminated TPS for approximately 350,000 Venezuelans, 500,000 Haitians, and numerous individuals from countries including Afghanistan and Cameroon, leaving many vulnerable amid ongoing litigation.

The situation remains dynamic as lawyers for the plaintiffs contend that the decisions regarding TPS were not just misguided but may have been influenced by political motives. In contrast, U.S. Deputy Assistant Attorney General Drew Ensign defended the administration’s position, emphasizing the irreparable harm incurred due to legal standoffs over these protections.

Honduras Deputy Foreign Minister Gerardo Torres described the recent appellate ruling as unfortunate, expressing hope that it would provide some relief for Hondurans under TPS as they look for alternative legal avenues to remain in the U.S.

The next hearing in this critical case is scheduled for November 18, and the possibility remains that it may eventually escalate to the United States Supreme Court for a final resolution. Meanwhile, the issues surrounding immigration and TPS continue to evoke strong sentiments and remain at the forefront of national debate.