On February 9, 2026, a three-judge panel of the Ninth Circuit Court of Appeals issued an emergency stay that allows the U.S. Department of Homeland Security (DHS) to move forward with terminating Temporary Protected Status (TPS) for citizens of Honduras, Nepal, and Nicaragua.
The Ninth Circuit Court of Appeals stayed a lower court’s final ruling in National TPS Alliance v. Noem (NTPSA II) that held the present administration’s abrupt termination of TPS for more than 60,000 individuals from Honduras, Nepal, and Nicaragua was unlawful.
TPS and related work authorizations for eligible nationals from these three countries are effectively halted or terminated while the government’s appeal proceeds.
The decision clears a legal path for potential removals of long-term residents who previously relied on these protections.
USCIS is expected to update its official country pages to reflect that Employment Authorization Document (EAD) auto-extensions and TPS protections are currently suspended during the ongoing appeal.
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