Original Date Announced

DHS Secretary Noem announced the termination of Temporary Protected Statuts (TPS) designation for Nepal after determining that conditions in Nepal no longer meet the statutory requirement for TPS. According to the Federal Register Notice, Secretary Noem found that “there are notable improvements in environmental disaster preparedness and response capacity, as well as substantial reconstruction from the earthquake’s destruction such that there is no longer a disruption of living conditions and Nepal is able to handle adequately the return of its nationals.”

The TPS designation for Nepal will terminate on August 5, 2025.

Trump 2.0 [ID #1790]

Subsequent Trump and Court Action

2025.07.07 Complaint - National TPS Alliance v. Noem

The National TPS Alliance and individual plaintiffs with TPS status challenged Secretary Noem's the termination of TPS designations for Honduras, Nepal, and Nicaragua. The complaint alleges that

1. The terminations were arbitrary and capricious under the Administrative Procedure Act (APA) because they were the result of a "preordained, political decision to terminate TPS wholesale" rather than a consideration of the mandatory statutory factors, the review process deviated from prior practice without explanation, the rationales provided were pretextual, and the decisions assumed that prior TPS designations were illegal;
2. Because the Department of Homeland Security has always provided more than 60 days' notice before terminating TPS in prior instances, that its failure to do so here was arbitrary and capricious; and
3. The terminations violate the equal protection component of the Fifth Amendment because they were motivated at least in part by racial animus.

The plaintiffs request that the court set aside the terminations as unlawful, postpone their effective date, enjoin the defendants from enforcing the terminations, and order the defendants to keep the TPS designations in effect. National TPS Alliance v. Noem, 3:25-cv-05687, (N.D. Cal.).

**Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**

Subsequent Trump and Court Action

2025.07.31 Order Granting Motion to Postpone - National TPS Alliance v. Noem

U.S. District Judge Trina Thompson granted the plaintiffs’ motion to postpone agency action. The court ordered that TPS remain in effect until at least November 18, 2025, when it will hold a hearing on the merits. Judge Thompson found that the plaintiffs were likely to succeed on their claims under the Administrative Procedure Act and the Fifth Amendment’s equal protection guarantee; in particular, she also found that the terminations were likely racially motivated, citing statements by DHS Secretary Noem and President Trump. In rejecting the administration’s justifications, she wrote: “Color is neither a poison nor a crime.” National TPS Alliance v. Noem, No. 3:25-cv-05687 (N.D. Cal.).

**Link to case here. See litigation note above**