Fact Sheet

What is the court order overturning the cancellation of TPS for Honduras, Nepal, and Nicaragua?

What is the court order overturning the cancellation of TPS for Honduras, Nepal, and Nicaragua?

UPDATES:

Updated on January 12, 2026

On December 31, 2025, a federal judge in the U.S. District Court for the Northern District of California, within the Ninth Circuit, issued a court order overturning the cancellation of Temporary Protected Status (TPS) for people from Honduras, Nepal, and Nicaragua.

The judge determined that the government acted illegally in canceling TPS, so she declared that decision null and void and ordered the restoration of TPS for beneficiaries from these three countries.

It is important to note that this court order may be appealed by the government, so the case is still ongoing. However, while the order is in effect, TPS continues.

What does this court decision mean?

  • The cancellation of TPS was invalid because it violated federal law.
  • The government must reinstate TPS and recognize the validity of the associated protections and work permits.
  • Beneficiaries maintain their status and employment authorization in accordance with the court order.

Federal judges have the legal authority to review how the government applies federal laws. In this case, the judge determined that the cancellation of TPS did not meet the requirements established by law.

Key words for understanding the court order

These terms are useful for explaining the decision to employers and others:

  • “Order of rescission” or “invalidate”

This means that the cancellation of TPS was declared null and void. In legal terms, it is as if that decision never existed, because it was adopted in violation of the law.

  • “Restore validity”
    This means that the government must reactivate TPS and once again recognize the validity of work permits (EAD) for individuals protected under TPS from Honduras, Nepal, and Nicaragua.

 Official information from USCIS

The following information comes from the website of the United States Citizenship and Immigration Services (USCIS) and officially confirms that TPS for these countries is back in effect by court order.

“However, on December 31, 2025, a judge in the United States District Court for the Northern District of California issued an order overturning the secretary's decision to end TPS. National TPS Alliance et al. v. Noem et al., No. 25-cv-05687-TLT (N.D. Cal.).

“The validity of Employment Authorization Documents (EADs) issued under the Temporary Protected Status (TPS) designation for Honduras, with original expiration dates of January 5, 2018, January 5, 2019, April 2, 2019, January 2, 2020, January 4, 2021, October 4, 2021, December 31, 2022, June 30, 2024, and July 5, 2025, have been extended by court order”.

Official versions are available at the USCIS links:

At Alianza Americas, we reaffirm our commitment to defending TPS. Save this link to access any relevant updates on this case.

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