A collection of immigrants who currently hold temporary lawful status in the United States has filed a lawsuit against the Trump government following the Department of Homeland Security’s cancellation of legal safeguards affecting approximately 60,000 individuals from Nicaragua, Honduras, and Nepal.
Seven claimants from the impacted nations, together with the National TPS Alliance, a lobbying organization, have initiated legal action against the Department of Homeland Security and its director, Kristi Noem, claiming that the closures were, among other things, driven by racist prejudice and breached constitutional principles.
Several countries, including Nicaragua, Honduras, and Nepal, have faced natural disasters that rendered conditions too dangerous for citizens to safely return, resulting in the establishment of Temporary Protective Status (TPS). On Monday, the Trump administration ended the TPS classification for individuals from Nicaragua, as stated by a Department of Homeland Security representative in a press release who noted that the status “was never intended to remain for nearly 25 years.” The same action was taken against Honduran nationals, with Noem expressing similar sentiments about TPS being “exactly what it sounds like—temporary.” More than a month prior, the department had already revoked the TPS designation for Nepalese residents.
The lawsuit claims that the terminations would cause “exceptional and irreversible damage” to TPS recipients if the rulings are not overturned.
I am employed at a hospital where I look after heart disease patients. I have always followed the correct procedures,
Johnny Silva, a Honduran TPS recipient
and a plaintiff in the case stated in a statement released by the ACLU of Southern California, one of the law firms advocating for the plaintiffs. “Now, I’m at risk of losing my job, the means to support my family, and the only home I’ve ever had.”
A representative from the Department of Homeland Security, Tricia McLaughlin, stated that the legal action “overlooks the President’s constitutionally granted authorities.”
TPS was never meant to serve as an official refuge program, but past governments have utilized it this way for many years,” McLaughlin stated. “The Trump administration is bringing back fairness to our immigration process to protect our country and its citizens. We have the legislation, the evidence, and logical reasoning supporting us.
The legal action claims that Noem, Trump, and additional administrators issued “multiple” remarks opposing non-white, non-European TPS recipients due to their assumed racial background, ethnic heritage, and country of birth. In numerous instances, according to the complaint, authorities referred to TPS beneficiaries as “felons.”
During Noem’s time in charge, the Department of Homeland Security faced criticism over the program, as stated in the lawsuit, which claims it permitted “half a million inadequately screened immigrants into this nation – including members of the MS-13 gang and recognized terrorists and killers,” referencing a DHS social media update from May following the Supreme Court’s decision to let Trump rescind Temporary Protected Status (TPS) for citizens from four nations. Nevertheless, the lawsuit highlights that TPS is exclusively offered to individuals already present in the U.S., and those with multiple misdemeanor convictions are ineligible for this status.
The complaint further states that the Trump administration’s choice was influenced by pre-set political choices, and that the Department of Homeland Security did not offer TPS recipients enough time to adjust. As per statements from DHS, individuals with TPS are granted 60 days prior to losing their legal standing and authorization to work. This implies that people from Nepal will retain their status through August 5th. The lawsuit argues that DHS broke the rules of the Administrative Procedure Act by discontinuing the usual process of granting a minimum six-month transition period when ending TPS statuses that had been active for over three years, which applied to all three nations involved.
This administration is compelling TPS recipients—along with their U.S. citizen children—to face an unmanageable decision,” stated Ahilan Arulanantham, co-director of the UCLA Center for Immigration Law & Policy (CILP), a different organization advocating for the plaintiffs. “They can’t return securely to their home countries without abandoning their families and local areas, but at the same time, they risk losing their ability to reside and work in the U.S.
Although the DHS has concluded that these nations are environmentally secure for returning, opponents argue that ending protections might disrupt people’s lives and place TPS recipients at risk. The State Department has advised U.S. citizens to think twice about visiting Nicaragua due to issues such as crime, unpredictable law enforcement practices, the possibility of unjust imprisonment, and restricted access to medical services. A similar warning applies to Honduras, and the department urges travelers to exercise greater vigilance when visiting Nepal owing to the likelihood of political unrest.
The legal action comes after multiple previous efforts aimed at stopping the Trump administration’s efforts to terminate TPS.
The National TPS Alliance,
In addition to seven Venezuelan citizens, legal action was taken against the administration in February following the government’s withdrawal of safeguards for hundreds of thousands of Venezuelans residing in the United States.
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