No action is required just yet, but employers and stakeholders should be aware of a significant development in the ongoing litigation surrounding Temporary Protected Status (TPS) for Honduras, Nepal, and Nicaragua. We expect an update from US Citizenship and Immigration Services (USCIS) shortly, notifying employers of a shortened expiration date for work authorization.
Ninth Circuit Pauses Extension of TPS Work Authorization
On August 20, 2025, the U.S. Court of Appeals for the Ninth Circuit issued a brief but impactful order that paused a lower court’s decision to extend TPS-related work authorization for nationals of Honduras, Nepal, and Nicaragua until November 18, 2025. This means that, for now, the Department of Homeland Security (DHS) may proceed with terminating deportation protections for approximately 60,000 individuals from these three countries.
Background: Legal Tug-of-War Over TPS Terminations
Last month, a federal judge in San Francisco granted a request to delay the termination of TPS, finding that plaintiffs were likely to succeed on claims that the cancellations violated the Administrative Procedure Act (APA) and the Fifth Amendment’s equal protection clause. That decision temporarily extended TPS protections and work authorization.
However, the Ninth Circuit’s recent ruling stayed that decision pending appeal. The panel did not halt the district court proceedings, which are still scheduled for a merits hearing on November 18, 2025.
What Will Happen Next?
If DHS reverts to its original guidance, the implications are immediate:
- TPS for Nepal would end immediately.
- TPS for Honduras and Nicaragua would expire on September 8, 2025.
This would represent a significant rollback of protections for thousands of individuals who have lived and worked legally in the U.S. under TPS.
What Employers and TPS Holders Should Know
While no immediate action is required, employers and TPS holders should be watching for an update from USCIS on its related TPS website pages. USCIS guidance could change quickly, and we recommend that employers prepare contingency plans for affected workers as TPS protections will likely be rolled back.
